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1°1°3 







THE 



"ufl 



SCHOOL LAW 



OF 



WEST VIRGINIA 



1903 






ISSUED BY THE 
DEPARTMENT OF FREE SCHOOLS 




\ 



THE 



School Law 



OF 



West Virginia 



AND 



Opinions of the Attorney-General and Decisions of the State 
Superintendent of Free Schools 



WITH EXPLANATIONS AND FORMS 



REVISED AND ARRANGED BY 

THOS. C. MILLER, 

STATE SUPERINTENDENT OF FREE SCHOOLS 



mm 




Charleston: 

The Tribune Printing Company, 

1903. 






By trarv 
APR iai90a 



CONSTITUTIONAL PROVISIONS 

RELATING TO THE 

SCHOOL SYSTEM OF WEST VIRGINIA 



ARTICLE IV 



5. Every person elected or appointed to any office, 0ath of office * 
before proceeding to exercise the authority, or discharge 

the duties thereof, shall make oath or affirmation that he 
will support the Constitution of the United States and 
the Constitution of this State, and that he will faithfully 
discharge the duties of his said office to the best of his 
skill and judgment; and no other oath, declaration, or 
test shall be required as a qualification, unless herein 
otherwise provided. 

6. All officers elected or appointed under this Consti- Removal 
tution, may, unless in cases herein otherwise provided 

for, be removed from office for official misconduct, 
incompetence, neglect or duty, or gross immorality, in 
such manner as may be prescribed by general laws, and 
unlass so removed, they shall continue to discharge the 
duties of their respective offices, until their successors 
are elected, or appointed and qualified. 

8. The Legislature, in cases not provided for in this ^ egl " '''^"ibe 
Constitution, shall prescribe by general laws, the terms terms of 
of office, powers, duties and compensation of all public offlce - 
officers and agents, and the manner in which they shall 
be elected, appointed and removed. 

ARTICLE VIII 

27. Each county shall bo laid off into districts, not Districts. 
loss thai) three nor more than ten in number, and as 
nearly equal as may be .in territory and population 



4 School Law of West Virginia 

ARTICLE IX 

County 4. The Presidents of the County Courts, the Justices 

Se?t c to*inSict- °^ the Peace - Sheriffs, Prosecuting Attorneys, Clerks of 
ment. the Circuit and of the County Courts, and all other 

county officers, shall be subject to indictment for mal- 
feasance, misfeasance, or neglect of official duty, and on 
conviction thereof, their offices shall become vacant. 

I. I am inclined to the opinion that the words "all other county 
officers," as used in this section, include members of boards of educa- 
tion, although they are elected in districts. This is by no means 
clear, however. This section is in force ex proprio vigore and needs 
n© additional legislation. — Alfred Caldwell, Attorney-General. 

ARTICLE X 

tax itatlon ^' ^ ie Legislature shall levy an annual capitation tax 
of one dollar upon each male inhabitant of the State 
who has attained the age of twenty-one years, which 
shall be annually appropriated to the support of Free 
Schools. Persons afflicted with bodily infirmity may be 
exempted from this tax. 

SifrtSreto**" 5 - The P ower of taxation of the Legislature shall 
levy, extend to provisions for the payment of the State debt, 

and interest thereon, the support of free schools, and 
the payment of the annual estimated expenses of the 
State; but whenever any deficiency in the revenue shall 
exist in any year, it shall, at the regular session thereof 
held next after the deficiency occurs, levy a tax for the 
ensuing year, sufficient with the other sources of income, 
to meet such deficiency, as well as the estimated expenses 
of such year. 

###### 

not^exceed ^' County authorities shall never assess taxes, in any 
etc. one year, the aggregate of which shall exceed ninety- 

five cents per hundred dollars valuation, except for the 
support of free sehools; payment of indebtedness exist- 
ing at the time of the adoption of this Constitution ; and 
for the payment of any indebtedness with the interest 
thereon, created under the succeeding section, unless 
such assessment, with all questions involving the in- 
crease of such aggregate, shall have been submitted to 
the vote of the people of the county, and have received 
three-fifths of all the votes cast for and against it. 

See Brannon vs. County Court, 33 W. Va., p. 789, construing this 
section. 



School Law of \Vest Virginia 5 

8. No county, city, school district, or municipal cor- Jjjg}.^*^ 
poration, except in cases where such corporations have 
already authorized their bonds to be issued, shall here- 
after be allowed to become indebted, in any manner, or 
for any purpose, to an amount, including existing in- 
debtedness in the aggregate, exceeding five per centum 
on the value of the taxable property therein to be ascer- 
tained by the last assessment for State and county taxes, 
previous to the incurring of such indebtedness ; nor with- 
out, at the same time providing for the collection of a 
direct annual tax, sufficient to pay, annually, the interest 
on such debt, and the principal thereof, within, and not 
exceeding thirty-four years: Provided, That no debt No debt ex- 
shall be contracted under this section, unless all ques- of people. * 
tions connected with the same, shall have been first sub- 
mitted to a vote of the people, and received three-fifths 
of all the votes cast for and against the same. 

ARTICLE XII 

1. The Legislature shall provide by general law. for 
a thorough and efficient system of Free Schools. 

See 4 W. Va., p. 499. 

2. The State Superintendent of Free Schools shall General 
have a general supervision of free schools, and perform supervlslon ' 
such other duties in relation thereto as may be pre- 
scribed by law. If in the performance of any such duty 
imposed upon him by the Legislature, he shall incur any 
expenses, he shall be reimbursed therefor: Provided, 

The amount does not exceed five hundred dollars in any 
one year. 

3. The Legislature may provide for county superin- county super- 
tendents, and such other officers as may be necessary to 

carry out the objects of this Article, and define their 
duties, powers and compensation. 

4. The existing permanent and invested school fund, school fund, 
and all money accruing to this State from forfeited, de- 
linquent, waste and unappropriated lands-, and from 

lands heretofore sold for taxes and purchased by the 
State of Virginia, if hereafter redeemed or sold to others 
than this State: all grants, devises or bequests that may 
bp made to this State for the purposes of education or 
where the purposes of such grants, devises or bequests 
are not specified; this State's just share of the literary 
fund of Virginia, whether paid over or otherwise liqui- 
dated; and any sums of money, stocks, or property, 
which this State shall have the right to claim from the 
State of Virginia for educational purposes ; the proceeds 



6 School Law of West Virginia 

of the estates of persons who may die without leaving a 
will or heir, and of all escheated lands ; the proceeds of 
any taxes that may be levied on the revenues of any cor- 
poration; all moneys that may be paid as an equivalent 
for exemption from military duty; and such sums as 
may, from time to time, be appropriated by the Legis- 
lature for the purpose, shall be set apart as a separate 
fund to be called the "School Fund," and invested un- 
der such regulation as may be prescribed by law, in the 
interest bearing securities of the United States, or of 
this State, or if such interest bearing securities cannot 
school FUd ebe obtained, then said "School Fund" shall be invested 
in such other solvent interest bearing securities as shall 
be approved by the Governor, Superintendent of Free 
Schools, Auditor and Treasurer, who are hereby consti- 
tuted the "Board of the School Fund," to manage the 
same under such regulations as may be prescribed by 
law; and the interest thereof shall be annually applied 
to the support of Free Schools throughout the State, 
and to no other purpose whatever. But any portion of 
said interest remaining unexpended at the close of the 
fiscal year shall be added to, and remain a part of, the 
capital of the "School Fund"; Provided, That all taxes 
which shall be received by the State upon delinquent 
lands, except the taxes due to the State thereon, shall be 
refunded to the county, or district by or for which the 
same were levied. 
Legislature 5. The Legislature shall provide for the support of free 
Fre^Schoois! 1 * schools, by appropriating thereto the interest of the 
invested "School Fund," the net proceeds of all forfeit- 
ures and fines accruing to this State under the laws 
thereof; the State capitation tax; and by general taxa- 
tion of persons and property, or otherwise. It shall also 
provide for raising, in each county or district, by the 
authority of the people thereof, such a proportion of 
the amount required for the support of Free Schools 
therein as shall be prescribed by general laws. 

6. The school districts into which any county is now 

divided shall continue until changed in pursuance of 

law. 

Ported to e ^' -^ levies that may be laid by any county or dis- 

cierk of trict for the purpose of free schools shall be reported 

County Court. to ^ Clerk Qf ^ C(mnty Q 0UY ^ and g^ uri fe v SUCh 

regulations as may be prescribed by law, be collected 
by the Sheriff, or other collector, who shall make an- 
nual settlement with the County Court; which settle- 
ments shall be made a matter of record by the Clerk 
thereof, in a book to be kept for that purpose. 



School Law of "West Virginia 



8. White and colored persons shall not be taught in 
the same school. 

9. No person connected with the free school system school officers 
of the State, or with any educational institution of any interested in 
name or grade, under State control, shall be interested 8aleofbook8 ' 
in the sale, proceeds or profits of any book or other 

thing used, or to be used therein, under such penalties 
as may be prescribed by law; Provided, That nothing 
herein shall be construed to apply to any work written 
or thing invented by such person. 

10. No independent Free School district, or organiza- mstnct^ ent 
tion shall hereafter be created, except with the consent 

of the school district or districts out of which the same 
is to be created, expressed by a majority of the voters 
voting on the question. 

11. Xo appropriation shall hereafter be made to any Normal 
State Normal School, or branch thereof, except to those 
already established, and in operation, or now chartered. 

12. The Legislature shall foster and encourage moral, Legislature to 
intellectual, scientific and agricultural improvement ; it provements. 
shall, whenever it may be practicable, make suitable 
provision for the blind, mute and insane, and for the 
organization of such institutions of learning as the best 
interests of general education in the State may demand. 



School Law of West Virginia 






THE SCHOOL LAW 



CHAPTER XLV 



Education 



School dis- 
tricts. 



Election of 
County Su- 
perintendent. 
Term of office. 



Election of 
President and 
commission- 
ers. Term of 
office. 



Board of edu- 
cation; who 
constitute. 



1. Every magisterial district in each of the counties 
of the State shall be a school district, and the same shall 
be divided into such number of sub-districts as may be 
necessary for the convenience of the free schools 
therein. The present districts and sub-districts shall 
remain until changed in the manner prescribed by law. 

2. A county superintendent of free schools in each 
county shall be elected by the voters thereof, at the 
general election held on the Tuesday after the first Mon- 
day in November, 1894, and every four years thereafter, 
whose term of office shall commence on the first day of 
July next after his election and continue for four years 
and until his successor shall be elected and qualified ac- 
cording to law. 

There shall also be elected at said election, in each 
district of the county, by the voters thereof, and every 
four years thereafter, a president of the board of educa- 
tion, whose term of office shall commence on the first 
day of July next after his election, and continue for four 
years, and until his successor is elected, and qualified 
according to law. There shall also be elected at the 
same time in each district in the county by the voters 
thereof, one commissioner at the general election held 
on the Tuesday after the first Monday in November, 
1894, a successor to the commissioner elected in May, 
1891, and every two years thereafter one commissioner, 
whose term of office shall commence on the first day of 
July next after their election, and continue for four 
years, and until their successors are elected and qualified 
according to law. 

The said president and commissioners shall constitute 
the board of education in the district in which they are 
elected. No person shall be eligible to more than one 
office under the provisions of this chapter at the same 



School Law of West Virginia 9 

time. The county superintendent of free schools shall, 
immediately upon receiving the certificate of election 
from the commissioners of the county court, forward a 
written notice thereof to the State Superintendent of 
Free Schools. 

In case of a tie in the vote for members of the board T 16 ,! ^ how 
of education, the county superintendent of free schools 
shall give the casting vote; and in case of a tie in the 
vote for a county superintendent of free schools, the 
presidents of the several boards of education in the 
county shall, at a meeting called for that purpose, at the 
court house of the county, by the clerk of the county 
court, not less than six nor more than twelve days after 
the result of such election is ascertained, appoint one of 
the persons receiving the highest number of. votes for 
said office, at the said election, as county superintendent 
of free schools, who shall give notice as aforesaid to the 
State Superintendent of his appointment. A notice of 
such meeting shall be made out by the clerk of the 
county court, and served upon each president of the 
board of education in the county at least three days 
before the day of such meeting, by the sheriff, or other 
officer, to whom the same may be delivered to be served. 

The ballots used at said election shall also have writ- Ley 
ten or printed thereon the words, "For school levy," or 
"Against school levy," as the voter may choose, and the 
boards of ballot commissioners in the several counties of 
this State shall have printed at the bottom of each ticket 
on the official ballot in separate lines the words "For 
school levy," and "Against school levy"; and upon the 
application of the board of education of any district they 
shall also have printed on said ballots the words, "For increase in 

months school," and "Against months school," school term. 

as provided in this chapter. 

If a majority of the ballots cast upon the question of 
laying the school levy in a district, have written or 
printed thereon, "For school levy," it shall be the duty 
of the board of education to make the levies required by 
the 38th and 40th sections of this chapter, annually, for 
the next four years ; but if a majority of the ballots cast 
in a district have written or printed thereon, "Against 
school levy," no levy shall be made by said board for 
the year next succeeding. But it shall be the duty of f^fo^at 
said board to cause a special election to be held on the purpose; 
Tuesday after the first Monday in November, next there- 
after, at which the question of levy, or no levy, shall in 
like manner be again submitted to the people for their 
decision, and if a majority of the ballots cast at such 



10 



School Law of West Virginia 



special election be, ' ' For school levy, ' ' such levy shall be 
made as hereinbefore required. 
Secretary to Of every such special election the secretary of the 
Section!' 06 ol board of education of the district shall give notice, by 
posting the same at each place of voting in the district 
at least ten days before the day on which the same is to 
be held. The election to be held on the third Tuesday 
in May, 1893, for the purpose of electing county super- 
intendents of free schools in the different counties of 
this State, and members of the various boards of educa- 
tion, shall be held according to law; but their terms of 
office shall expire as soon as their successors are elected 
and qualified, at the election to be held on the first Tues- 
day after the first Monday in November, 1894. 

I. A person elected to any office, whether State, county or district, 
must be a resident of the political division to which his powers and 
duties are limited. (See Code, chap, vii, sec. 3.) 



Special elec- 
tions for levy 



2a. For the purpose of carrying out the provisions 
of section two of chapter forty-five of the Code, 
providing for school levies the board of education of any 
school district, or any independent school district, in 
this State, that failed to authorize a school levy, by a 
popular vote at the general election held in one thousand 
nine hundred and two, or that may hereafter fail to 
authorize a school levy by a popular vote at any general 
election, as provided in said chapter forty-five, shall, if 
twenty or more voters of the district ask it in writing, 
submit the question of laying a school levy to the voters 
of the district at a special election to be held in such dis- 
trict at such time as the board of education of the dis- 
trict may designate. The secretary of the board of edu- 
cation shall post notices of such special election at all 
the voting places in the district at least ten days before 
the day on which the election is to be held. If a majority 
of the votes cast are "For School Levy" the board of 
education shall lay the levies in the manner provided by 
sections thirty-eight and forty of said chapter forty-five 
of the Code. 

It shall be the duty of the board of education to order 
a special election conducted in like manner *to determine 
the question when twenty or more of the voters of any 
district or independent district ask in writing for more 
than five months school in any year, involving an addi- 
tional levy. 
Commission- 3. Any person who may act as commissioner of any 
er of election. e i ec ti n, held under any of the provisions of this chap- 
ter, who shall wilfully reject the vote of any person en- 
titled to vote at said election, or receive the vote of any 



Levy for 
increased 
term. 



School Law of West Virginia 11 

person not so entitled, or who shall knowingly make 
any false return of the result of any such election, or of 
any poll held at any place of voting, shall be guilty of 
a misdemeanor, and fined not less than fifty dollars, and 
imprisoned not less than twenty days. 

4. At the meeting of the district board of education, Trustees; 
held on the first Monday in July, 1881, they shall ap- lfv° intrnent 
point three intelligent and discreet persons, as trustees 

for each sub-district in their district, one of whom shall 
be appointed for one year, one for two years, and one 
for three years; and the board of education shall there- 
after annually appoint one trustee, who shall hold his 
office for three years; and the said trustees shall hold 
their respective offices until their successors are appoint- 
ed and qualified. 

5. Vacancies in the office of school trustee shall be vacancies, 
filled by the board of education for the unexpired term; 

and in the board of education, by the county superin- 
tendent of free schools, for the unexpired term. 

II. The appointment of a person to fill a vacancy of president of 
the board of education makes such person president of the board. 

III. Vacancy in the office of county superintendent is filled by the 
presidents of the boards of education. 

IV. Section 3 of Article XII of the Constitution provides that the 
Legislature may provide for county superintendents and other school 
officers and defines their duties, powers and compensation. Section 
5 of chapter 45 delegates to the county superintendent the power 
to fill vacancies in the board of education for the unexpired term. I 
do not think section 7 of Article IV of the Constitution or sections 
8. 9 or 10 of chapter 4 of the Code control as to appointment of mem- 
bers of boards of education. I am, therefore, of the opinion that 
persons appointed by the county superintendent to fill vacancies in 
the board of education hold for the unexpired term. — T. 8. Riley, 
Attorney-General. 

5a. Every school trustee, and every president and ^jJchto 
commissioner of the board of education elected within qualify, 
this State shall, within ten days after his election has 
been duly declared, qualify as such by taking and sub- 
scribing, before some one duly authorized to admin- 
ister oaths, within his county, the oath of office pre- 
scribed by section five of -article four of the Constitution, 
which oath shall be filed with the secretary of the board 
of education of his district. 

V. I am clearly of the opinion that the time should be computed 
from the time the officer elected has been notified, as prescribed 
by the law, of his election by the Canvassing Board, or in other words. 
within ten days from the time he receives, either by the hands of 
the proper officers or by transmission by due course of mail, notice of 
the result as ascertained by the Canvassing board, — in our State by 
the County Court. — Romeo H. Freer, Attorney-General. 

6. The boards of education of the several districts mating 
shall hold their first meeting for each school year on the b ? ard t ? f 
first Monday iu July. At this meeting they shall de- 



12 



School Law of West Virginia 



Grades of 
certificates 
and salaries. 



termine the number of teachers that may be employed in 
the several sub-districts, and fix the salaries that shall be 
paid to the teachers. In determining the salaries, they 
shall have regard to the grade of teachers' certificates, 
fixing to each grade the salary that shall be paid to 
teachers of said grades in the several sub-districts as fol- 
lows : Teachers having certificates of the grade of num- 
ber one shall be paid not less than thirty dollars per 
month ; those holding certificates of the grade of number 
two, not less than twenty-five dollars per month; and 
those holding certificates of the grade of number three, 
not less than eighteen dollars per month. And the trus- 
tees of the several sub-districts shall in no case trans- 
cend or diminish the salaries so fixed in any contract 
they may make with teachers. A quorum of the board of 
education shall consist of a majority of the members 
thereof and in the absence of the president, one of said 
members may act as such; but they shall do no official 
business except when assembled as a board, and by due 
notice to all the members, except that the president and 
secretary may sign orders upon the sheriff for any sum 
of money which may have been already ordered to be 
paid. The members of the board of education shall each 
receive, as compensation for his services the sum of one 
dollar and fifty cents per day, to be paid in like manner 
as the salary of the clerks of the board of education: 

Provided, That no member shall receive pay for more 
than seven days service in any one year; one day of 
which shall be spent in attending a teachers' institute. 



VI. 
trict. 



Boards of education fix the term of school for the whole dis- 



VII. If a sub-district for any cause fail to have a school in any 
year it can not have a longer term than the other schools of the 
district in the following year. 

VIII. If officers of town corporations also act as the school board 
for the independent district, they are entitled to the same pay as 
district school officers of the same grade : Provided, they receive no 
compensation from the town corporation for their services. 

IX. Only one payment of $1.50 per day. for not exceeding seven days 
can be made for services of any member of a board of education, 
and the successor gets nothing if the predecessor received pay for the 
seven days allowed. — Alfred Caldwell, Attorney-General. 

X. The board have the power to fix the salary to be paid teachers 
as a class based upon the grade of the certificate they hold, but in 
my opinion they can not require tue trustees to employ a teacher of a 
certain grade. The trustees have the unquestioned right to employ 
a teacher of any grade certificate which entitled him or her to teach, 
and pay the salary fixed by the board for that grade. — T. S. Riley, 
Attorney-General. 

Education a 7. Tne board of education of each district and inde- 

corporation. pendent school district shall be a corporation by the 

name of "The board of education of the district or inde- 



School Law of West Virginia 13 

pendent school district of , in the county of 

", and as such may sue and be sued, plead and 

be impleaded ; and as such corporation, shall succeed and 
be substituted to all the rights of the former township 
and district boards of education ; and may prosecute and 
maintain any and all suits and proceedings now pending 
or which might have been brought and prosecuted in the 
name of any such former board of education for the re- 
covery of any money or property, or damage to any 
property due to or vested in such former board. 

The said board shall also be liable in its corporate ca- Property 
pacity for all claims legally existing against the board of boards! 11 
education of which it is successor. Said board shall re- 
ceive, hold and dispose of according to the rules of law 
and the intent of the instrument conferring title, any 
gift, grant, devise or bequest, made for the use of any 
free school or schools under their jurisdiction ; and with- 
out any transfer or conveyance, shall be deemed the 
owner of the real and personal property of their dis- 
trict, and the property of the former township or dis- 
trict for which their district was substituted. 

Process and notice may be served on said corporations Process on 
by delivering a copy thereof to the secretary, or any two served, 
members of the board. And all suits or proceedings 
now pending in any of the courts of the State, in the 
name of the board of education of any district for any 
demand or claim in favor of the board of education of 
any township or district, are hereby made valid. 

8. The board of education, at their first meeting after ?£f ^Vj, 
their election, shall appoint a secretary, who shall not be education. 
a member of the board, and who shall attend all meet- 
ings of the board, and record their official proceedings 
in a book kept for that purpose, which record shall be 
attested by his signature and the signature of the presi- 
dent of the board, and which shall, at all reasonable 
times, be open to the inspection of any person interested 
therein ; he shall have the care and custody of all papers 
belonging to the board containing evidence of title, con- 
tracts or obligations, or being otherwise valuable, and 
preserve the same in his office, properly arranged for 
reference, and shall record and keep on file in his office 
such papers and documents as the board or the law may 
direct. 

He shall keep such accounts and prepare and certify f e ec ^ r J f ; 
such reports and writing pertaining to the business of repo ' 
the board, as the board or law may direct. He shall pub- 
lish within three days after any meeting of the board of 
education an abstract of the proceedings thereof, by 



14 



School Law of West Virginia 



Secretary; 

compensation 

of. 



posting the same at the front door of the place of meet- 
ing. He shall within ten days after the annual levy is 
laid certify to the county superintendent of free schools, 
the total value of all property, real and personal, in his 
district, with rate of levy, and amount thereof, keeping 
separate the rates and amounts of teachers' and building 
funds ; and said superintendent shall within twenty days 
certify the same to the State Superintendent of Free 
Schools, using blanks therefor, furnished by said State 
Superintendent. He shall also have authority to admin- 
ister oaths to school officers in all cases where they are 
required to take an oath as such. 

For his services as secretary he shall receive such 
compensation as the board may determine from year to 
year, not to exceed fifteen dollars, to be paid out of the 
building fund by an order drawn by the county superin- 
tendent, when after an examination by said superinten- 
dent of said secretary's books, they are found to be cor- 
rect. But such order shall not be drawn until the sec- 
retary shall have made his annual report to the county 
superintendent as hereinafter provided, and be approved 
by the said county superintendent. (See also Sec. 21.) 

XI. Teachers ar» schoel officers. 

XII. The office of secretary of the board of education is held at the 
will of the board. The secretary may be relieved at any time by the 
board. 

XII. The secretary's annual report cannot be completed before the 
sheriff's settlement with the board of education. County superin- 
tendents are forbidden by law to issue orders for the pay of secre- 
taries until they present correct and complete reports. 

XIV. The law does not specify who shall call the meetings of the 
board. The board should adopt a rule upon this subject at its first 
meeting in the school year, when all its members are present. 



Board of 
Education; 
powers and 
dutieis of. 



Change in 
sub-district. 



9. The boards of education shall have general control 
and supervision of the schools and school interests of 
their districts; they may determine the number and 
location of the schools to be taught; change the bound- 
aries of their sub-districts, and increase and diminish 
the number thereof, having due regard for the school 
houses already built, or sites procured, assigning, if 
practicable, to each sub-district not less than forty 
youths between the ages of six and twenty-one years; 
Provided, That every village consisting of fifty inhabi- 
tants or more, shall be included in one sub-district. And 
provided, further, That no change in any sub-district 
shall take effect, except immediately after the annual 
apportionment of the general school fund. When such 
village as is mentioned in this section is divided by dis- 
trict or county lines, the said village shall be included 



School Law of West Virginia 15 

in the sub-district, to be under the supervision of the 
board of education of the district to which the largest 
division of its territory is attached, and said board shall 
define and enter of record in the office of their secretary 
the several district and sub-district lines. 

Any person aggrieved by any decision of the board of Appeal to 
education, changing the boundaries of a sub-distrnct, or in°tendent. pel 
increasing or diminishing the number of the sub-dis- 
tricts, in their district, under this section, may appeal 
therefrom to the county superintendent of schools, and 
have the same corrected, if erroneous. Every such per- 
son shall present to the county superintendent his peti- 
tion, signed by himself and at least five other residents 
of the sub-district, stating the action of the board com- 
plained of. and the grounds of appeal; and the county 
superintendent shall thereupon fix a time and place for 
the hearing of the appeal, and cause a notice thereof to 
be served upon the president or the secretary of the board 
of education, at least five days before the hearing. If 
upon hearing the proofs and allegations of the parties, 
the superintendent be of the opinion that the action of 
the board complained of was illegal or improper, he 
shall reverse or correct the same: otherwise the said 
action shall be affirmed. 

XV. Where the county court of a county changes the boundary 
lines of a district or increases or diminishes the number of districts 
after the annual levy has been laid for school purposes, and the sal- 
aries of teachers fixed in the respective districts, and provides that 
such change or changes shall take effect before the end of the school 
year (June 30), the schools and school officers should continue as if 
no change had been made, making settlements. &c. until the close 
of the year, when the changes ordered should be recognized. 

XVI. The building of school houses is discretionary with the boards 
of education. There is no power in any other court, body or person 
to compel them to build a school house. — Alfred Caldwell, Attorney- 
General. 

XVII. The appeal to the county superintendent under this sectiou 
is limited to cases involving the changing of boundaries of a sub-dis- 
trict, or increasing or diminishing the number of sub-districts. 

10. The board of education shall cause to be kept in 
every sub-district of their district, by a teacher or be provided. 
teachers of competent ability, temperate habits and 
good morals, a sufficient number of primary schools for 
the instruction of the persons entitled to attend the same, 
and should the trustees of any sub-district neglect or 
fail to employ a teacher for their sub-district, upon 
complaint thereof, it shall be the duty of the board of 
education to do so. 

The following persons when residing in a sub-district. Who ma 
with intent to make such sub-district their home, shall tend school. 
have a right to attend and receive instruction at the 
primary schools thereof, that is to say: Every youth 



16 



School Law of West Virginia 



"Who to pay 
tuition. 



between the ages of six and twenty-one years, shall have 
such right; and any other person wishing to receive 
instruction at any free school in this State, shall have 
a right, with the assent of the trustees, to attend such 
school, and the teacher or teachers there employed shall 
give instruction to such person the same as is required 
by law for other persons, upon the payment of tuition 
fees, not to exceed one dollar and fifty cents per month 
for each pupil, and upon such other terms as the trus- 
tees of the sub-district may prescribe. Said tuition fees 
shall be paid in advance to the sheriff, who shall give 
his receipt therefor, and place the amount to the credit 
of the teachers' fund of said district. 

attend^chooi ^ a - Every persoD having under his control a child or 
twenty children between the age of eight and fourteen years shall 

wee e, nes. eause suc j 1 ghjifl or children to attend some public school 
for a period of twenty weeks yearly, beginning with the 
beginning of the school term. For every neglect of such 
duty the person offending shall be guilty of a misde- 
meanor and shall, upon conviction thereof before any jus- 
tice, be fined two dollars for the first offense and five dol- 
lars for each subsequent offense, which fines shall be paid 
into the building fund of the district in which said 
offense occurs. 

An offense, as understood in this act, shall consist in 
a failure to attend school for two days in any week, ex- 
cept in cases of sickness or death in the pupil's family, 
or the pupil be otherwise instructed for a like period of 
time, or except for other reasonable excuse, provided 
there be a school in session within two miles of the pupil's 
home by the nearest traveled road. 

The board of education of every district or indepen- 
dent district, at its first annual meeting or as soon there- 
after as practicable, may appoint one or more truant 
officers whose duty it shall be to enforce the provisions 
of this act. Each officer so appointed shall use due dili- 
gence to ascertain any violations of this law and when, 
from personal knowledge or by report or complaint from 
any resident or teacher of the district under his super- 
vision, he believes that any child subject to the provisions 
of this act is habitually absent from school, he shall im- 
mediately give written notice to the parent, guardian or 
custodian of such child that the attendance of such child 
at school is required, and if, within five days, such parent, 
guardian or custodian of said child does not comply with 
the provisions of this section, then such truant officer 
shall make complaint against such parent, guardian or 
custodian before the nearest justice of the peace ; 



An offense. 



Truant 
officers. 



School Law of West Virginia 17 

Provided, That only one notice shall be required for 
any child in any one year. 

Teachers in ungraded schools, and principals and sup- Teachers, 
erintendents in graded and high schools, shall report to ?up° C r£ten* nd 
truant officers all cases of violation of this act among ^ n .* s t to 
the enumerated youth of their sub-districts or indepen- 
dent districts, and shall furnish any reports and informa- 
tion necessary to a proper hearing of any case before a 
justice of the peace, and all such teachers, principals or 
superintendents, shall assist truant officers in every rea- 
sonable way in carrying out the provisions of this act. 

Justices shall remit to the sheriff at once all fines col- remitted b at 
lected under the provisions of this act so that they may once - 
be credited to the building fund of the proper district 
and every truant officer shall make to the sheriff an item- 
ized statement, on the last day of the month, of all fines 
imposed under his jurisdiction. 

Said truant officers shall be paid monthly, at the rate compensa- 
of two dollars per day for the time actually spent in the office?L truant 
discharge of their duties as such officers, but in no case 
shall payment for any month 's services be made until the 
truant officer has filed with the secretary of the board of 
education a copy of his statement to the sheriff for that 
month, together with a sworn statement of the number of 
truancy cases investigated, and the time actually em- 
ployed in such duties. When the truant officer has faith- 
fully performed his duties and filed the statements re- 
quired by this act, the board of education, if satisfied 
the same is correct, shall order a warrant to be drawn 
upon the sheriff for the amount of his month's salary to 
be paid out of the building fund of the district. 

All other acts or parts of acts coming within purview 
of this act and inconsistent with it are hereby repealed. 

XVIII. I am of the opinion that House Bill No. 133 (Compulsory 
Law) is applicable to and enforceable in the Independent School Dis- 
trict of Wheeling. — Romeo H. Freer, Attorney-General. 

XIX. A teacher has no authority to admit or exclude pupils from a 
school, whether from the same or another sub-district, without the 
consent and direction of the trustees of the school. This does not 
refer to his right to suspend a pupil for disorderly conduct. 

11. In the primary schools there shall be taught 2f? nch t 8 t to 
orthography, reading, penmanship, arithmetic, English 
grammar, physiology, general, United States and State 
history, general and State geography, single entry book- 
keeping, civil government, and in addition thereto the 
theory and art of teaching. It shall be the duty of the 
State Superintendent to prescribe a manual and gradecf 
course of primary instruction to be followed in the 
country and village schools throughout the State, arrang- 



18 



School Law of West Virginia 



ing the order in which the several branches shall be 
taken up and studied, and the time to be devoted to 
them, respectively, with provisions for advancement 
from class to class, also for the examination and gradua- 
tion of all pupils who satisfactorily complete the pre- 
scribed course. 

XX. The Theory and Art of Teaching as enumerated in Section 11, 
is not to be understood as being one of the branches required to be 
taught in the primary schools, but teachers are required to pass an 
examination in the same, — See Section 29, — as they are in all branches 
required to be taught under the provisions of this section. 

XXI. Trustees should be very careful not to interfere unnecessarily 
with a teacher in relation to matters pertaining to the conduct and 
government of his school. I do not think a teacher should be com- 
pelled to give instruction to pupils * * in all branches prescribed 
by law without reference to proper grade. — Alfred Caldxvell, Attorney- 
General. 

XXII. It is the official duty of the county superintendent to see 
that the graded course of study for country and village schools is- 
thouroughly introduced into the said schools of his county. But it_ is 
not the county superintendent alone upon whom this responsibility 
rests. The law makes it the duty of members and secretaries of 
boards of education and of trustees and teachers as well, to perform 
their whole duty, seeing to it that the course of study, with grading 
according to accompanying plan, shall be fully introduced into every 
country and village school, in the State. 



must be 
taught. 



Fine for fail- 
ure to teach 



Nature aud n a# i # That the nature of alcoholis drinks and nar- 
hoiic drinks cotics, and special instruction as to their effects upon the 
human system, in connection with the several divisions 
of the subject of physiology and hygiene, shall be in- 
cluded in the branches of study taught in the common or 
public schools, and shall be taught as thoroughly and in 
the same manner as other like required branches are in 
said schools, and to all pupils in all said schools through- 
out the. State. 

II. It shall be the duty of the proper officer in control 
of any school described in the foregoing section to en- 
force the provisions of this act; and any such officer, 
school director, committee, superintendent or teacher who 
shall refuse or neglect to comply with the requirements 
of this act, or shall neglect or fail to make proper pro- 
visions for the instruction required and in the manner 
specified by the first section of this act, for all pupils in 
each and every school under his jurisdiction, shall be re- 
moved from office, and the vacancy filled as in other 
cases. 

III. No certificate shall be granted to any person to 
teach in the public schools of the State, after the first of 
January, anno domini, eighteen hundred and eighty-nine, 
who has not passed a satisfactory examination in physi- 
ology and hygiene, with special reference to the nature 
and the effect of alcoholic drinks and narcotics upon 
the human system. 



Teachers to 
be examined 






School Law of West Virginia 19 

12. The trustees shall be under the supervision and un3e?controi 
control of the board of education, and in all cases the of the board, 
action of the trustees shall be subject to the revision 

and correction of the board of education, on the motion 
of any member thereof, or upon the complaint in writ- 
ing of any three tax-payers of their sub-district. 

AYhenever it shall happen that the persons authorized Transfer of 
to attend school are so situated as to be better accommo- p q p i1s - 
dated at the primary school of an adjoining sub-district, 
whether in the same or in an adjoining district or county, 
or whenever it may be necessary to establish a school 
composed of pupils from parts of two sub-districts, 
whether in the same or in an adjoining district or county, 
it shall be the duty of the trustees of the sub-districts 
interested to transfer such persons for school purposes 
to the sub-district in which such school house is, or may 
be, situated ; but the enumeration of youth shall be taken 
in each sub-district as if no transfer had been made, and 
the trustees of the sub-district in which the school is sit- 
uated shall have the management of such school. 

But in all cases of transfer of pupils from one district Tuition. 
to another, the board of education of the district from 
which the transfer is made shall pay to the board of 
education of the district in which the school is carried 
on, such proportion of the cost of said school, as the 
scholars so transferred bear to *the whole number of 
scholars taught in such school. 

XXIII. "This section was not intended nor does it authorize trus- 
tees to transfer pupils from a sub-district to an independent school 
district." — Alfred Caldwell, Attorney-General. 

XXIV. The cost of the tuition of the transferred pupils should be 
estimated from the time the transfer takes effect until it expires or 
the pupils are withdrawn. 

XXV. No transfer is complete until the trustees of the sub-district 
to which transfers have been made have agreed to accept the pupils. 

XXVI. When pupils are transferred to an adjoining sub-district in 
another district it is the duty of the trustees making the transfers, 
although they are not required to do so by statute, to notify their 
board of education of all transfers made by them, and the said board 
of education is required by this section to pay to the board of educa- 
tion of the district to which the pupils have been transferred such 
proportion of the cost of said school or schools as the pupils so trans- 
ferred bear to the whole number of pupils taught in said schools dur- 
ing the time of the transfers. 

13. The trustees of every sub-district shall have charge Trustees to 
of the schools therein and shall meet at the school house ofs^ho^s^id 
of their sub-district on the third Monday in July of every f e p ^ e n r * 
year, or as soon thereafter as practicable and appoint 

a teacher or teachers, for the coming session of their 
school, and in such appointment at least two of the trus- 
tees who are the trustees for the ensuing year, shall con- 
cur, and such appointment shall be in writing in the form 



20 



School Law of West Virginia 



Form of 
contract. 



Relationship 
exclusion. 



of a contract according to the form furnished by the 
State Superintendent of Free Schools and said form shall 
state that the trustees whose signatures are affixed there- 
to, met together as herein required, and said contract shall 
be filed with the Secretary of the board before the be- 
ginning of the term for which said teacher is employed. 
Provided, That no trustee of any sub-district shall 
participate in contracting with or appointing any person 
as teacher of their school to whom he sustains the rela- 
tion of father, father-in-law, brother, brother-in-law, 
uncle, cousin, grandfather, sister, niece or nephew, and 
if the appointment of any teacher be otherwise than at 
a meeting herein authorized or if the appointment be 
within the degrees of relationship herein specified, the 
board of education shall declare such contract illegal, if 
the declaration be made by the board before the time 
mentioned in the contract for the beginning of the school 
term. Any teacher so appointed may be removed by the 
trustees or by the board of education for incompetency, 
neglect of duty, intemperance, profanity, cruelty or im- 
morality. The trustees shall exclude from any school 
under their charge any person having a contagious or in- 
fectious disease, and they may suspend or expel any 
scholar found guilty of any disorderly, refractory, inde- 
cent or immoral conduct, and may refuse to admit such 
scholar again to the school until satisfied that he will 
properly conduct himself thereafter. But the trustees 
shall take no action or proceeding relating to the removal 
of teachers or the suspension or expulsion of any scholar 
from school unless at a meeting of which the trustees 
have all had notice, and when at least two of their num- 
ber shall be present and concur in such action or proceed- 
ing, and their action in each particular shall be subject 
to the revision and correction of the board of education 
upon complaint in writing of a majority of the patrons 
of the school, residing within the sub-district in which 
such action has been taken. Any trustee may, for good 
cause shown be removed from office by the board of edu- 
cation upon five days notice in writing, of the cause 
alleged for his removal, and of the time and place the 
board will take action thereon. Whenever at the end of 
any school month the daily average attendance for that 
alleged for his removal, and of the time and place the 
whole number of pupils enumerated in the sub-district, 
the trustees may dismiss the teacher and discontinue the 
school, unless otherwise directed by the board of educa- 
tion ; and no high school shall Be continued if at the end 
of any school month, it has not had an average daily at- 



School Law of West Virginia 21 

tendance of twenty-five scholars. And it is further ex- 
pressly provided, that should any trustee of any sub- 
district or a member of the board of education receive 
any money or other thing of value for his aid, assistance 
or vote in securing to any teacher a school or employment 
in any district or independent school district in the State, 
in which said trustee or member of the board of educa- 
tion is authorized by law to act, shall be guilty of a felony 
and upon conviction thereof shall be punished by con- 
finement in the penitentiary of this State not less than 
one nor more than three years. 

XXVII. Neither boards of education nor trustees have authority to 
employ a person to teach in the free schools of this State unless such 
person presents a certificate in duplicate still in force of his qualifica- 
tion to teach a school of the grade for which he applies. Teachers 
employed as substitutes should hold same grade of certificate as those 
whose places they fill. 

XXVIII. A teacher has the right to punish pupils placed under his 
charge for infractions of the rules governing the school. But like the 
parent who has the right to enforce obedience, he is answerable for 
the abuse of the trust. 

XXIX. The trustees of a school have authority to contract with a 
teacher for the length of time and the price per month prescribed by 
the board of education, and the board must provide for its payment. 

XXX. The law prohibiting trustees from employing teachers for 
their schools to whom they sustain certain specified relationship, has 
been construed by this office to refer only to "first cousins." and the 
connection must be by blood, and not by marriage. — Romeo H. Freer, 
Attorney-General. 

14. The trustees shall visit every school under their Trusteesjsnaii 
charge within two weeks after the opening, and again J**[* J^oois" 
within two weeks before the close thereof, and at such 
other times as in their opinion may be useful to do so. 
During such visits, they shall inspect the register of 
every teacher and see whether it has been properly kept, 
and ascertain whether the scholars have supplied them- 
selves with books and other things requisite for their 
studies, whether the school house and grounds, furni- 
ture, apparatus and library are kept in good order-. 
whether anything injurious to the health is suf- 
fered to remain about the house or grounds, and 
whether the school house is well ventilated and 
kept comfortable, as the season may require; and where 
it is necessary, provide and promptly apply the proper 
remedy. 

They shall also during such visits make such examina- 
tion and enquiry as they may deem useful respecting the 
studies, discipline and general condition of the school, 
and the conduct and proficiency of the scholars, and give 
such directions or make such suggestions to the teachers, 
as in their opinion, will promote the interest of tin 1 school. 
and the health, morals and progress of the scholars. 



22 School Law of AYest Virginia 

XXXI. The duty of visiting the schools is made obligatory upon 
the trustees, and they should faithfully comply with the law in this 
matter. 

XXXII. The leading object of the trustees on this, their first visit, 
should be the examination of the sanitary condition of the school 
building and out-houses. The health of both teachers and pupils" de- 
pend upon healthful surroundings. 

Trustees must 15. They shall cause the school houses under their 

holTsein 00 charge and everything pertaining thereto, to be kept in 

order. good order and repair, and for this purpose it shall, 

among other things, be their duty to cause proper suits 

and prosecutions to be instituted, in 'the name of the 

board of education of the district or otherwise, against 

every person who shall injure or destroy any school 

property of which the said trustees have charge; and 

they shall not, without the permission of the district 

Trustees may board of education, allow said school houses to be used 

house tobe 01 *- or an y °ther purpose whatever, except for the purpose 

used for of holding religious or literary meetings and Sunday 

poises. 11 pur schools, equally by the various religious denominations 

that may apply for the same, and further for such other 

meetings as may be considered beneficial to the public 

generally under such regulations as to the care thereof 

as may be prescribed by them : Provided, That such 

meetings shall not interfere with the public schools. 

The trustees shall furnish to the board of education 
estimates of all improvements necessary to the preserva- 
tion or repair of buildings, grounds and furniture under 
their charge. 

XXXIII. The trustees of a school may allow religious exercises held 
in their school house. They may prescribe conditions, etc. They may 
refuse to allow the school house to be used for this purpose. In 
either case, on motion of any member of the board of education, or 
the petition in writing of three tax-payers of the sub-district, the 
action of the trustees may be reviewed and reversed or affirmed. The 
county superintendent has no authority in the matter. 

XXXIV. "Debating societies." teachers' meetings, school exhibitions 
and spelling-schools, together with any other meetings, having for 
their object the advancement of the school interests of the sub-dis- 
trict, and being of a literary character, if conducted in a respectable 
manner, come within the meaning of the words "literary meetings," 
as used in the fifteenth section of the school law. 

XXXV. If the trustees of a school refuse the use of a school house 
for religious purposes, an appeal may be taken to the board of educa- 
tion. The decision of the board is final, either for or against. They 
may absolutely exclude all denominations from the school house. 

XXXVI. Religious and literary societies and teachers of select 
schools, may be required to give* security for the protection of school 
property where trustees are asked to allow the school house to be used 
for the meetings of such societies. The use of public school property 
for such purposes is a privilege, not a right. 

XXXVII. I think that the trustees, with the consent of the board 
of education, , can allow the school house to be used for the purpose 
of holding a select school; provided it does not interfere with the 
public school. I am also of the opinion that the action of the trus- 
tees in either refusing or granting the use of a school house for the 
purposes above mentioned may be reviewed by the board of educa- 
tion of the district. The party so occupying the school house may be 
required to gire security for the proper care and use of the building. 
— T. 8. Riley, Attorney-General. ^ 






School Law of West Virginia • 23 

15a. [Section 19, chapter 14a- code, chapter 13. Acts SSmpS^g 
1887.] If a person willfully interrupt, molest or disturb ° c r h J s , turbi ° g; 
any free school, or other school, literary society or * 
any other society formed for intellectual, social or 
moral improvement, organized or carried on under or 
in pursuance of the laws of this State, or any Sunday 
school, or other school, or school exhibition, or any 
society lawfully carried on, he shall be guilty of a mis- 
demeanor, and fined not less than ten nor more than 
fifty dollars, or at the discretion of the court, be eon- 
fined in the jail of the county not more than thirty days, 
in addition to said fine. 

155. If any person shall willfully disturb, molest, or 
interrupt any literary society, school, or society formed 
for intellectual improvement or any other school or 
society organized under the laws of this State, or any 
school, society, or meeting formed or convened for im- 
provement in music, either vocal or instrumental, or 
for any moral and social amusement, the person so 
offending shall be deemed guilty of a misdemeanor, and 
on conviction thereof, shall be fined not less than five 
dollars, and may be imprisoned in the county jail not 
exceeding ten days. 

16. The trustees of each sub-district shall keep exact Trustees must 
account of all necessary expenses incurred by them in account of 
the performance of their duties, and render to the sec- expenses - 
retary of the board of education, at or before their last 
meeting for the current school year, written accounts, 
by items, of all such expenses, which, if the board find 
correct, they shall pay by an order to the sheriff, drawn 
on the building fund of the district, signed by the sec- 
retary and president. 

The trustees of any sub-district may purchase fuel, p^chase «!? 
water buckets, brooms, coal hods, shovels, pokers, stove tain articles 

„ ' r . 7 and make cer- 

pipes. crayons, erasers and dippers, tor the use m school tain repairs, 
rooms. They may make such repairs in windows, 
doors, benches, desks, floors, walls, ceilings and roofs 
as will render the house comfortable. For such pur- 
chase or repairs they shall render to the secretary of 
the board of education an account, which, if the board 
find correct, they shall pay out of the building fund of 
the district. 

Xo one trustee shall, by himself, have any power to •j^JjJJf ; of 
perform any duty required by law of the trustees, who 
shall meet at a time and place fixed by two of their 
number, the other having had reasonable notice of such 
meeting, and two of the trustees shall constitute a quo- Record of 
rum. and they shall keep a record of their acts and pro- meeting. 



24 



School Law of West Virginia 



ceedings in a book to be furnished them by the board 
of education for that purpose, such book to be turned 
over by them to their successors in office. 

XXXVIII. While trustees are appointed by the board of education, 
their powers are prescribed and their duties imposed by law ; and by 
section 12 of chapter 45, tff the Code, the actions of such trustees are 
subject to the revision and correction of the board of education on 
proper motion or complaint made ; yet no power is given the board 
to interefere with or prevent a proper discharge by the trustees, of 
the duties imposed upon them as such, by law. 

By section 16 of chapter -45 of the Code, it is provided, among 
other things, that "the trustees of any sub-district may purchase fuel, 
water buckets, brooms, coal hods, shovels, pokers, stove-pipes and 
dippers for use in school rooms. * * * For such purchases they shall 
render to the secretary of the board of education an account which, 
if the board find correct, they shall pay out of the building fund of 
the district." 

If then the board, upon examination or revisal, find the account 
correct, they cannot alter, amend or repudiate it : but in the lan- 
guage of the law. they shall pay it out of the building fund of tne 
district. — C. C. Watts, Attorney-General. 



17. White and colored persons shall not be taught in 



Two or more 

sub-districts 

may join in 

establishing 

colored 

schools. 



"White and 
colored pupils 

sanie°scho t or d * ne same school but to afrord to colored children the bene- 
fits of a free school education, it shall be the duties of 
trustees of every sub-district to establish therein, one or 
more primary schools, for colored persons between the 
ages of six and twenty-one years, and said trustees or 
board of education shall establish such school whenever 
there are at least ten colored persons of school age resid- 
ing therein and for a less number, when it is possible to 
do so. 

The trustees of two or more sub-districts whether in 
the same or adjoining districts or counties, may, by agree- 
ment with each other, join in establishing a primary 
school for colored children residing in said sub-clistrict, 
and such schools so established, shall be subject to the 
same regulations as are provided for the school for white 
children, in section twelve of this chapter. 

All other acts and parts of acts coming within the 
purview of this Act and inconsistent therewith are hereby 
repealed. 

XXXIX. "When a school has been established for colored pupils un- 
der section 17, it must be kept open and continued as long as the 
schools for whites in the same district. The colored children, after 
the school is established under that section, are entitled of right to 
the same apparatus, necessary furniture, and school appliances as 
well as the same length of school term as the whites in schools of 
like grade, no matter now little or how great the taxes collected from 
the colored people of the district may be. There is nothing in the 
18th section to affect this view. The 18th section deals with another 
case entirely and cannot affect in any way a sub-district where a 
colored school is established in accordance with law. — Alfred Cald- 
well, Attorney-General. 

Division of 18. Whenever, in any school district, the benefit of a 

St ol colored free school education is not secured to the colored chil- 

chiidren. ^ren residing therein, in the manner mentioned in the 

preceding section, the fund applicable to the support of 



School Law of West Virginia 25 

free schools in such sub-district, whether received from 
the State or local taxation, shall be divided by the board 
of education in the proportion which the number of 
colored children bears to the number of white children 
therein, according to the latest enumeration made for 
school purposes; and the share of the former shall be 
set apart for the education of colored persons of the 
proper age, residing in such sub-district, or district, and 
be applied for that purpose from time to time in such 
way as the board of education of the district may deem 
best. Any board of education failing to comply with 
this section may be compelled to do so by the circuit 
court of the county, by mandamus. 

19. The board of education of each district and inde- o f nu ^f s tion 
pendent school district shall require the teacher or 
teachers in each sub-district or independent school dis- 
trict, annually, before the close of the school or schools, 
not later than the first day of April, to make an enum- 
eration of all the youths resident in such sub-district or 
independent school district, who shall be over six years 
and under twenty-one years old, on the first day of July 
following, distinguishing between male and female, white 
and colored. 

The enumeration shall be taken in two classes as fol- 
lows: One class shall contain all youths between the 
ages of six and sixteen years, and the other, youths be- 
tween sixteen and twenty-one years respectively. The 
enumeration shall be verified by the affidavit of the 
teacher who took the same, before some person quali- 
fied to administer oaths, to the effect that he used all 
means in his power to make it, and believes it to be 
correct, and shall return such enumeration to the secre- . 

tary of the board of education of the district with the penalty for° n ' 
term report of such school, or not later than the first not takin £- 
day of April; and unless such enumeration be properly 
taken and returned, the teacher shall not be entitled to 
demand payment of the balance due on his salary, or so 
much thereof as shall be necessary to defray the ex- 
penses of the enumeration as herein provided. 

No teacher in this State shall be required to serve on Teachers ex- 
any jury, nor to work on the roads, while his school is cer?ain° m 
in actual operation. duties. 

The secretary of the board of education shall keep a Enumeration; 
record in his office of the enumeration of youth so taken, keeprScord° 
and shall annually, on or before the fifteenth clay of ° r - 
April transmit a certified copy of such enumeration to 
the county superintendent of his county. When such 
enumeration for any district or sub-district shall not be 



26 



School Law of West Virginia 



received by the county superintendent before the twen- 
tieth day of April in' any year, it shall be his duty, with- 
out delay, to employ a competent person to take and 
verify the same as aforesaid. The person taking and 
verifying such enumeration shall be paid a reasonable 
compensation, to be allowed by the board of education, 
not to exceed two dollars per day for the time necessa- 
rily consumed, and paid by an order of said board, 
signed by the president and secretary, out of the build- 
ing fund of such district. 
Superintend- ^ n either case the county superintendent as soon as he 
ent to report, receives the enumeration for any district or independent 
school district, and not later than' the first day of May, 
shall forward to the State Superintendent of Free 
Schools a statement of the number of youths of school 
age therein. The State Superintendent of Free Schools 
shall prescribe and furnish all blanks to be used for 
taking the enumeration of youth. 

XL. A correct enumeration of the school youth is one of the most 
important matters connected with the school w®rk of the State, for 
it is the basis upon which the general school fund of the State 
is apportioned. The secretary should carefully examine the enumera- 
tion report from every sub-district and satisfy himself of its accuracy. 

XLI. The secretary of the board is authorized to administer oaths 
to teachers as to the correctness of their reports of enumeration. 
See Section 8. 



Trustees' 
report. 



Secretary's 
report. 



20. The trustees of each sub-district shall make a 
report to the secretary of the board of education of their 
district, at or before their last meeting in each school 
year, setting forth in reference to their sub-district, the 
following particulars; that is to say: The condition of 
school houses under their charge ; the value and kind of 
apparatus; the number of volumes in school libraries 
and their value, with such explanations, remarks and 
additional information as the said trustees may deem 
useful, or as the blanks furnished by the State Superin- 
tendent of Free Schools may require. They shall also 
report the same particulars in relation to any schools 
under their charge for colored persons. 

XLII. Trustees should make their annual report as prescribed in 
form No. 9, at the close of the year (June 30) whether the school 
closed then or not. 

21. The secretary of the board of education to whom 
the report of the trustees shall have been made, as 
provided in the twentieth section, shall revise the 
said reports, and if they be found erroneous or de- 
fective, may return them for correction. From the cor- 
rected report and the teachers' registers, provided for 
in the thirtieth section of this chapter, and such other 



School Law of West Virginia 27 

authentic information as he may be able to obtain, he 
shall make a report to the county superintendent on or 
before the twentieth day of July, annually, in tabular 
form, by sub-districts, embracing each particular re- 
ported to him by the said trustees' reports and teachers' 
registers, and showing the aggregate or average of each, 
as the case may require, for his district. 

And he shall further report to the county superintend- report° nal 
ent on or before the twentieth day of July, annually, the 
following additional particulars in reference to his dis- 
trict, for the year ending on the preceding thirtieth day 
of June, that is to say : The rate and amount of the tax 
levied for the teachers' fund and the building fund re- 
spectively; the amount of such taxes collected and 
placed to the credit of, each of these funds ; the amount 
received from the State for the teachers' fund; the 
amount of the balance in the treasury at^ the beginning 
of the school year for each fund ; the amount of receipts 
from all other sources placed to the credit of each fund; 
the amount expended for the pay of teachers, male and 
female, white and colored, respectively; the amount of 
commission paid to the sheriff or collector; the amount 
of the delinquent list returned by said collector; the 
amount of the balance in hand at the close of the school 
year for each fund; the amount expended for the pur- 
chase of sites for school houses, and for the construction 
and furnishing of the same; and for the rent, hire and 
repair of such property; . the amount expended for 
such furniture, for apparatus, for interest, for the enu- 
meration of youth, and for contingencies; also, the num- 
ber of volumes in school libraries and their value; total 
receipts, total expenditures, with such explanations, 
remarks and additional information as he may deem 
proper, or as the blanks furnished by the State Super- 
intendent may require. He shall also, in like manner, 
report all particulars, pertaining to any colored school 
or schools in his district, including the number taught 
therein, and for what length of time. 

For this report the secretary shall be allowed out of ^ m r J n erItion 
the building fund, in addition to his salary as secretary, for making 
ten dollars ; but the board of education shall in no case rep01 
order this sum to be paid until the county superintendent 
has certified to them that the said report has been made, 
and that it is correct and complete^ and made within the 
time specified in this section. 

XLIII. In the case of summer schools where n part of the term is 
finished in one year and a part in the next, the financial condition 
of the district must be reported, just as it is, without regard to wh.n 
may or may not be contracted for. In the estimate for the levy the 



28 School Law of West Virginia 

amount of partially executed contracts and the balance on hand to 
pay them must be considered. The statistical report of such schools 
should be made in the year in which they close. 

XLIV. The secretary's annual report cannot be completed before the 
sheriff's settlement with the board of education. County superin- 
tendents must not issue orders for the pay of secretaries until they 
present correct and complete reports. The law provides this in de- 
claratory terms. 

XLV. Clmpter 29, s. 67 Code, requires the secretary of every school 
district and independent school district through which a railroad runs 
in each county, within thirty days after the levy is laid for free 
school and building purposes, or either, to certify to the auditor the 
amount so levied, etc. 

SteSden"s er " 22 - Tne county superintendent shall receive and revise 
report. the reports made to him as aforesaid, and see that they 

are in proper form and according to intent of law; and 
when deficiencies or errors are found to exist, shall re- 
turn them for correction. From these reports and such 
other authentic information as he can obtain, he shall 
make report to the State Superintendent of Free 
Schools, on or before the first day of August, annually, 
or as soon thereafter as possible, setting forth in refer- 
ence to each district of his county, for the year ending 
on the preceding thirtieth day of June, the several par- 
ticulars mentioned in the twentieth and twenty-first 
sections, with the proper aggregate or average of each 
for the county; and shall make the apportionment, and 
report such apportionment to the auditor, and also re- 
port whether the districts have made the levy for school 
purposes required by this chapter. 

XLVI. The report of the county, superintendent should be made not 
later than the first day of August, as prescribed by law, that the State 
Superintendent may complete his annual report, which he should have 
compiled for the Governor not later than the first day of October. 

Xj^'v'II. The apportionment of the General School Fund, made by 
the county superintendent, should be reported to the State Superin- 
tendent, as well a« to the auditor. 

school year. 23. The sch°ol year shall commence on the first day 
of July, and close on the thirtieth day of June, and all 
reports, accounts and settlements respecting the free 
schools of this State shall be made with reference to the 
school year. 

XLVIII. If any school opens after the first day of April, (the time 
required for the enumeration to be returned by the teacher), if the 
teacher so opening the school has not taken the enumeration and 
returned it, it is the duty of the county superintendent to employ 
some one, as the law directs, to take the enumeration of that sub- 
district. The pay to such person would not be properly deducted 
from the teacher's salary, who opene-! the school after the time re- 
quired for the enumeration to be returned. 

XLIX. If a school opens so near the close of the school year that 
by continuing in session all the school days to the end of the year 
the term will not be finished before the year closes, the remaining 
time, under the contract may be completed in the new year. (In this 
case the school should be reported in the new year.) If the school 
open in ample time to finish before the close of the year, but sus- 
pends before the term is out, the time cannot be added to the next 
year's term. 



School Law of West Virginia 29 

L. The school law contemplates that the financial affairs shall be 
closed up at the end of each year. 

24. When the board of education of any district deem ^j e s c f hool; 
it expedient to establish a high school, they shall submit establishing 
the question to the voters of the district on the day and 9ame ' 
month of election named in section two of this chapter, 
of any year, in the manner following, that is to say : The 
board shall prepare and sign a notice setting forth the 
kind of school proposed; the place where it is to be 
located; the estimated expense of establishing the same, 
including cost of site, building, furniture, books and 
apparatus and the estimated annual expense of support- 
ing the school after it is in operation, with such other 
information concerning it as they may deem proper; 
and stating that the question of authorizing the estab- 
lishment of such school will be submitted to the voters 
of the district, at the election specified in the notice, 
which they shall cause to be posted four weeks before 
the election in at least three of the most public places 
in the district. A poll shall thereupon be taken upon 
the said question, at the election specified in the notice. 
and the result ascertained in like manner as is prescribed 
in section two of this chapter. The ballots used in 
voting on the question shall have written or printed 
thereon the words, "For the high school," or "Against 
the high school. " If it appear by the result of said poll 
that not less than three-fifths of the voters who voted 
on the question are in favor of authorizing the establish- 
ment of said school, the board of education may then 
proceed to obtain the site and provide proper buildings, 
fixtures and improvements, and procure necessary furni- 
ture, books and apparatus for the said school, to sup- 
port the same after it is put in operation ; for which pur- 
pose the board may annually levy an additional tax on Additional 
the property taxable in their district, not to exceed in high Schools, 
any one year thirty cents on every one hundred dollars 
valuation thereof, according to the latest assessment for 
State and county taxation. The said school shall be 
under the care and direction of the board of education 
of the district in which it is established. 

LI. The maximum rate of levy is 50 cents on the one hundred dol- 
lars, for country and village schools except as provided in section 
40, but for the support of high schools established in accordance 
with the provisions of this section, there may be an additional levy 
of 30 cents on the one hundred dollars, thus making the maximum 
rate for the support of these schools 80 cents on the one hundred 
dollars, and the power to levy to this extent is granted to the board 
by the vote of the people when the high school is established. 



30 



School Law of West Virginia 



High school 
may be 
established 
by two or 
more 
districts. 



Directors of 
joint high 
school. 



Care and 
direction of 
joint school. 



Director s 
report. 



25. In like manner, if the boards of education of two 
or more districts, whether in the same or different coun- 
ties, deem it expedient to jointly establish and support 
a high school, they may submit the question of author- 
izing the same to the voters of their districts, sepa- 
rately, and in the manner prescribed in section twenty- 
four of this chapter, specifying in the notice the amount 
or proportion of the expense which each district is to 
contribute ; and if authorized by not less than three-fifths 
of the voters voting on the question in each district, 
may proceed jointly to establish and support the said 
school; and for that purpose the said boards may annu- 
ally levy a tax on the property taxable in their respec- 
tive districts, not to exceed in any one year the rate of 
thirty cents on every one hundred dollars valuation 
thereof. 

The said school shall be under the care and direc- 
tion of directors, to be selected and removed from time 
to time in such manner as the boards of education con- 
cerned may agree upon, or when there is no such agree- 
ment, under the care and direction of the board of 
education of the district in which the school house is 
situated, and the boards of education concerned shall 
from time to time prescribe such regulations as they 
may deem necessary respecting the school. 

26. The board of directors who have the care and 
direction of the said school shall appoint, and may re- 
move the teachers, shall fix their salaries; prescribe the 
branches of learning to be taught; the time the school 
shall be kept open; the ages and qualifications of the 
scholars to be admitted, admit scholars from non-con- 
tributing districts on such terms of tuition as they may 
deem proper; expel or suspend scholars when necessary; 
ascertain and certify the expenses of the school, of 
which they shall cause exact accounts to be kept; and 
prsscribe all needful regulations respecting the school, 
subject, nevertheless, to any regulations respecting the 
same that may be prescribed pursuant to the preceding 
section. 

They shall annually report through their secretary on 
or before the twentieth day of July, to the superintend- 
ent of free schools for the county in which the school 
house is situated, such particulars respecting the 
schools as the State Superintendent of Free Schools 
may require; and the county superintendent shall trans- 
mit the report, with such remarks and additional infor- 
mation as he deems proper, to the State Superintend- 
ent. 



« School Law of West Virginia 31 

The boards of education of any district may also ^hSb. 
establish graded schools in towns, villages and densely 
populated neighborhoods of their respective districts, 
employ teachers •therefor, and make such special regu- 
lations as may be necessary to conduct them. But in 
every such case involving additional taxation, the mat- 
ter shall be first submitted to a vote of the people and 
their consent obtained, as is prescribed in section twenty- 
four in case of a high school ; Provided, That no addi- 
tional levy for a graded school shall exceed in any one 
year fifteen cents on every hundred dollars valuation. 
Provided, fwrther, When any sub-district having graded g*Zl e f g r 
schools, desires a longer term of school than four' months, schools, 
it shall be the duty of the board of education on the pe- 
tition of the taxpayers of such sub- district to submit the 
question to the voters of said sub-district, at such tim3 
and place as they may fix, by posting notices ten days 
before said election, setting forth the number of months 
the said school shall be run, including the State Fund 
and their proper share ot any district levy that may be 
levied in the districts for the support of the schools of 
said districts. 

It shall be the duty of the assessor, with the assistance Assessor 
of the secretary of the board of education, to furnish list of proper- 
such board a list of the property, both real and personal, ty " 
assessed by him in said sub-district, for State and county, 
purposes. And the said board of education may pro- 
vide for the extending of the said tax, and provide for 
the collection of the same, under such rules and regula- 
tions as they may provide, and use the fund thus col- 
lected for the running of such graded schools. 

LII. I am of the opinion that under chapter 45, section 26, of the 
Code, the board of education of a district can not declare all the 
schools in their district, graded schools, and refuse to appoint trus- 
tees, etc., as required by law. 

If a board of education employs the teachers in their district 
under the conditions heretofore mentioned, the contracts with such 
teachers are illegal, and, in my opinion, cannot be enforced. — Romeo 
H. Freer, Attorney-General. 

LIII. "No vote o^. the people is necessary as a condition prece- 
dent to the establishing of a graded school in a district in case such 
school does not increase the levy over the fifty cent limit named in 
section 40. The vote to authorize any levy must be taken as re- 
quired by section 2. Section 26 specifically requires a vote where the 
cost involves a levy in excess of such fifty cents. I find no authority 
for continuing a graded school any longer period than other schools of 
a district." — Alfred Caldwell, Attorney-General. 

LIV. The number of tax-payers who are to petition for more 
than five months school in a sub-district is left to the discretion of 
the board. There should be a sufficient number on the petition to 
indicate that the desire was seriously entertained and entitled to re- 
spect. 

LV. The vote should be taken not later than the 10th of May. so 
that if the increased rate of levy is authorized, the assessor may 
have the necessary time in which to extend same on his books. The 



32 School Law of West Virginia 

rate of leTy being 50 cents on the one hundred dollars, the increase 
to be voted upon can not exceed fifteen cents additional, making the 
maximum levy for the support of a graded school 65 cents on the 
one hundred dollars. 

LVI. "The board should have the sheriff collect the taxes for the 
graded school. They should enter an order authorizing him to col- 
lect. It would not be best to order the collection by any one else.^ 
Alfred Caldwell. Attorney-General. 

Kindergarten ^ a - That ^ e board of education of any school dis- 
schoois. trict, in which there is a city, town or village, of one thou- 

sand population or more, may establish in connection 
with the schools of such district a kindergarten, to which 
may be admitted children between the ages of four and 
six years, under such regulations as may be prescribed 
by law for the admission of youth to the other schools 
of such district. 

Every person employed as teacher in such kinder- 
garten shall either hold a diploma from a kindergarten 
college, or, in addition to holding such a certificate as is 
required of other persons employed as teachers in the 
schools of this State, be' duly examined as to the kinder- 
garten methods and theories, in such manner as the board 
of education may prescribe. 

[Note. — Most of the provisions of sec. 27 are repealed by sec. 28a.] 
County board 

of examiners, 27. There shall be in every county, for the purpose 
of examining and certifying teachers, a county board of 
examiners, to be composed of the county superintend- 
ent, who shall be ex-officio president, and two experi- 
enced teachers, each of whom shall have received a 
teacher's state certificate or a number one county cer- 
tificate, or be a graduate of some reputable school, to be 
nominated by the county superintendent and appointed 
by the presidents of the district boards of education, 
at a meeting for that purpose, to be held at the county 
seat on the first Wednesday in July, 1893, one of whom 
shall be appointed for a term of two years and one for 
one year, and thereafter one member annually for a 
term of two years, at which meeting a majority of said 
presidents, or any three thereof, shall constitute a 
Quorum. It shall be the duty of the county superin- 

vacancies. tendent to attend such meetings. 

Vacancies in said board of examiners shall be filled by 
the presidents in the same manner as members of said 
board are appointed, and it shall be the duty of the 
county superintendent, upon ten days' notice, to call 
meetings of said presidents at the county seat for that 

tio^o^Sam- purpose. The board of examiners shall each receive a 

inei> compensation of three dollars per day for each day actu- 

ally and necessarily employed in conducting the examin- 
ations, and for one day at each of the two stated exam- 
inations required in section twenty-eight of this chapter 



School Law of West Virginia 



33 



to be spent in consultation and preparation for their 
•duties. This compensation shall be paid out of the fees 
received from the teachers examined, and shall in no 
case exceed the amount thereof. 

The county superintendent shall collect "Prom every 
person who applies for examination a fee therefor of 
one dollar, out of which he shall pay the per diem of 
the board of examiners, and the expense of the notice County Su _ 
required by the twenty-eighth section of this chapter, perintendent 
.and the balance, if any. he shall pay to the sheriff, to be and return ee ' 
placed to the credit of the distributable fund of the account - 
county received from the State, and distributed with it. 
He shall at the end of each school year, make and re- 
turn to the clerk of the county court, and also to the 
State Superintendent, a detailed and certificed account of 
the names of all applicants for examination; the amount 
of the fees received by him for the same; the amount 
paid out to the members of the board of examiners, and 
the balance, if any, placed to the credit of the distri- 
butable fund of the county as aforesaid. 

LVII. Presidents of independent school districts should partici- 
pate in the election of members of the board of examiners excep't 
where their teachers are not required to be examined by said board, 
as in Wheeling, Huntington, Charleston, Martinsburg, &c. 

LVIII. No more than two names should be proposed to the presi- 
dents of the boards of education at one time for members of the board 
of examiners. If either or both are rejected, then other nominations 
3hould be made. 

LIX. No person other than a teacher should be appointed a member 
of the board of examiners. 

LX. All appointees must hold No. 1 certificates or their equiva- 
lents. 

LXI. The county superintendent has the sole right to name candi- 
dates to the presidents for members of the board of examiners. 

LXII. All school officers, including members of the boards of ex- 
aminers, are required to take the oath prescribed by tue constitution, 
section 5, Article IV. 

LXII I. The presidents of the boards of education have no authority 
to elect persons members of the board of examiners not nominated 
l>y the county superintendent. 

LXIV. The offices of president of board of education and member 
of the board of examiners are incompatible. 

LXV. In case there is more monev received from fees in one exam- 
ination than pays the per diem of the members of the board and the 
publication of notice, the residue may be used to pay per diem of 
members of the board in subsequent examinations in the same year 
where the receipts are insufficient. 

LXVI. It is the duty of the county superintendent to preserve the 
manuscripts of the teachers who are examined, for at least one year 
from their date. 

LXVII. It is a gross violation of official duty for the presidents 
to remain absent from the meeting for the purpose of avoiding the 
■appointment of examiners. They are subject to be fined under s. 
$9 School Law. Examiners hold over until a new appointment is 
made of successors. — Alfred Caldwell, Attorney-General. 



34 



School Law of West Virginia 



Teachers 
must have a 
certificate. 



Teachers 
examined in 
certain 
branches. 



Certificate 
in force in 
county where 
issued. 



Examina- 
tions held at 
certain times. 



Examiners 
and superin- 
tendent may 
teach without 
certificate. 



[Note. — Most of the provisions of sec. 28 are repealed by sec. 28a.] 

28. No teacher shall be employed to teach any public 
school of this State until he shall have presented to the 
trustees, directors or board having charge of such school, 
a certificate in duplicate of his qualifications to teach a 
school of the grade for which he applies, the duplicate 
of which shall be filed with the secretary of the board of 
education of the district in which the school is situated 
and so endorsed on the original by the secretary ; and no 
salary shall be paid to any teacher unless duplicate be 
filed as aforesaid. 

The board of examiners shall examine each candidate 
for the profession of teacher, who may apply to them, 
as to his or her competency to teach orthography, read- 
ing, penmanship, arithmetic, English grammar, geog- 
raphy, history, single entry book-keeping and civil 
government, if the application be for a primary school, 
and if the application be for a higher school, they 
shall examine the applicant as to his competency to 
teach the additional branches required for such school, 
and is satisfied of the competency of the applicant to 
teach and govern such schools, and that he or she is of 
good moral character and not addicted to drunkenness, 
they shall give a certificate in duplicate accordingly. 
The county superintendent shall keep a register of all 
certificates awarded by the board of examiners, stating 
the character and grade of certificate and the time when 
issued. 

No certificate shall be issued by the board of examin- 
ers, except upon an actual examination, participated in 
by a majority of the board, or be of force except in the 
county in which it was issued, nor for a longer period 
than one year, except as provided in section twenty-nine 
of this chapter, and the board of examiners may, upon 
proper evidence of the fact, revoke the certificate of 
any teacher within the county, for any cause which 
would have justified the withholding thereof, when the 
same was granted, by giving ten days notice to the 
teacher of their intent to do so. 

The board of examiners shall, at two stated periods 
in each year, agreed upon by themselves, of which they 
shall give due notice, hold public examinations, at which 
all applicants for certificates shall be required to attend; 
and should circumstances require it, the county super- 
intendent may call extra meetings for the same purpose. 
County superintendents and members of the board of 
examiners may be employed to teach without the certifi- 
cate required of other teachers. But should any mem- 
ber of the board of education or school trustee be em- 
ployed as teacher, it shall vacate his office. 



School Law of West Virginia 35 

LXVIII. No person shall be employed to teach a public school who 
has not a teacher's certificate regularly issued and still in force. Sub- 
stitute teachers are permissible when the teacher is unavoidably ab- 
sent, and then only, with the consent of the school trustees. Sub- 
stitutes should have certificates of same grade as those whose places 
they fill. It is not necessary for the trustees to make a contract with 
a substitute. A teacher can not engage a school, make a contract 
for it, then employ a substitute and himself take another school. 

LXIX. If a teacher obtain two certificates the same year, he may 
contract with the trustees on either, whether of the same or different 
grades. 

LXX. The right of a member of the board of examiners to teach 
without examination is confined to the county in which such position 
is held. 

LXXI. The members of the board of examiners are authorized to 
teach without certificates, and are therefore prohibited from issuing 
certificates to each other. 

LXXII. Section 30 of chapter 45 of the Code, provides that all cer- 
tificates for the school year, must be issued after July first. * * * 
There is no provision made for the examination of a county superin- 
tendent while in office as he has the right to teach during his term 
of office without a certificate. — T. S. Riley. Attorney-General. 

28a. The general regulation, direction and control of County ex- 
all matters relating to the examination of applicants for IS!te a superl 
teachers' certificates and the issuance thereof, including h n aveafrec- t0 
the prepartion of questions, the grading of manuscripts, tion and con- 
the granting of certificates, the control and government 
of county boards of examiners, to be hereinafter provid- 
ed for, and all other powers necessary for carrying into 
effect the provsions of this act, shall hereafter be vested 
in the State Superintendent of free schools, Vrovided, 
That nothing contained herein shall be construed to alter 
or amend section twenty-nine-a< of chapter forty-five of 
the code, relating to the powers and duties of the state 
board of examiners. 

2. Examinations for teachers at such times as shall be Time and 
designated by the State Superintendent of free schools, examinations, 
shall be held simultaneously in each of the counties of 

this State, at such places as shall be designated by coun- 
ty superintendents; Provided, That no more than five 
such examinations be held annually. 

3. For the preparation and printing of questions, th^ 
grading of manuscripts, the transmission of certificates 
and the additional clerical work demanded by the re- 
quirements of this act, the State Superintendent of Free 
Schools shall be allowed an amount not to exceed twenty- Appropria- 
five hundred dollars annually, which sum is hereby ap- ducting 
propriated and set apart from the general school fund pxaminfttion - 
of this State for this purpose, but such sum shall in no 

event exceed the amount received from the fees provided 
for in section eleven of this act. 

4. Applicants for teachers' certificates shall be re- Branches. 



36 



School Law of West Virginia 



Questions 

and 

Manuscripts. 



Age and oth 
er qualifica- 
tions. 



Grading 
manuscripts. 



Grades of 
certificates. 



State Super- 
intendent 
may revoke 
certificates. 



quired to pass an examination in all the branches re- 
quired to be taught in the primary free schools of this 
State, and upon which they are now required to pass ex- 
amination by law. And, it shall be the duty of the State 
Superintendent of Free Schools to prepare questions upon 
the same and transmit such questions to the county sup- 
erintendent of each county, properly sealed, to preclude 
examination, and such county superintendent shall open 
and seal all manuscripts, in the presence of the county 
board of examiners and the assembled applicants, and 
conduct such examination in a manner to be fully pre- 
scribed by the State Superintendent. At the conclusion 
of such examination, the county superintendent and 
board of examiners shall forward to the State Superin- 
tendent properly sealed, all manuscripts submitted to 
them, in accordance with full instructions to be furnished 
by the State Superintendent, together with such informa- 
tion, statements or affidavits as the State Superintendent 
may require. But no applicant known by the board of 
examiners not to be of good moral character, or to be ad- 
dicted to drunkenness, or not to have attained the age of 
seventeen years, shall be admitted to such examination. 

5. Within a reasonable time after the receipt of the 
foregoing manuscripts, from the board of examiners, it 
shall be the duty of the State Superintendent and his as- 
sistants to examine and grade the same, and to issue cer- 
tificates based thereon, observing the following regula- 
tions in regard to the same : 

I. Such certificate shall state the applcant's grade or 
proficiency in each branch in which he is examined. 

II. Three grades of certificates shall be issued, based 
upon the following scale : 

First grade certificates shall be issued to all applicants 
who attain a general average of ninety per cent, on a 
scale of one hundred per cent., and not less than seventy- 
five per cent, on any one branch; second grade certifi- 
cates shall be issued to all applicants who attain a general 
average of eighty per cent, and not lower than seventy 
per cent, on any one branch ; third grade certificates shall 
be issued to all applicants who attain a general average 
of seventy per cent, and not lower than sixty per cent, 
on any one branch. Failure to attend teachers' institutes, 
as required by law, shall be deemed sufficient reason for 
withholding the certificate of any applicant. 

The State Superintendent may, upon proper evidence 
of the fact or charges by the county board of examiners, 
revoke the certificate of any teacher for any cause which 
would have justified the withholding thereof when the 



School Law of West Virginia 37 

same was granted, by giving ten days notice to such 
teacher, of his intention to do so. 

6. All certificates so issued, shall be signed by the signed by 
State Superintendent and forwarded by him to the proper founty super- 
county superintendent, who shall countersign same and^ nt j-°^ nts ,- 
deliver to the teachers entitled thereto. And such certi- counties, 
ficates shall supersede any and all other examinations re- 
quired of the persons holding them, except those that 

may be especially authorized by law in independent 
school districts of this State, and shall be valid in any 
school district in the State, unless revoked as provided 
for in section five. 

7. First-grade certificates shall be valid for a period Term of 
of five years ; second-grade certificates for a period of cert 
three years, and third-grade certificates for a period of 

one year, and, such third grade certificate shall not be 
issued to the same applicant more than twice. The State 
Superintendent and county superintendent shall each 
keep a register of all certificates awarded, stating the 
character and grade of each and date thereof. 

8. If any county superintendent intentionally changes Penalties for 
the examination prescribed by the State Superintendent, c 

or commits any fraud with intent to assist or hinder any 
person, in securing a certificate, it shall be sufficient 
cause to declare the office of the said county superinten- 
dent vacant. If any other person tampers with the ques- 
tions before examination, or with the manuscripts after 
the examination, or attempts to render aid in any exam- 
ination, he shall be fined ten dollars and confined in jail 
ten days, upon complaint and conviction before any jus- 
tice of the peace. All county certificates now outstand- 
ing, shall be good for the county and for the time marked 
on the face thereof, but shall not be renewed. Any coun- 
ty superintendent who knows of any immorality on the 
part of any person holding a county certificate shall, if 
the person so offending live in his county, after giving 
due notice to such person, suspend the said certificate 
for twelve months ; and if the person so offending be a res- 
ident of another county, he shall notify the superinten- 
dent of that county, after giving due notice to such per- 
son, who shall suspend the certificate for twelve months. 
In either case, the suspension shall be marked upon the 
back of the certificate. Any person who refuses to sur- 
render his certificate, when demanded, for the purpose of 
having said suspension marked on it, shall be disqualified 
for two years from teaching in this State. 

9. Any applicant feeling himself aggrieved by any Rlghi oi 
action or ruling of the county superintendent or board of appe ' 



38 



School Law of West Virginia 



Offices va- 
cated by 
teaching. 



Members of 
board of 
examiners. 



examiners, shall have the right of appeal to the State 
Superintendent, whose decision shall be final. 

Sachwithout ~^' *^° P erson sna ^ De employed to teach in a public 

certificate school of this State, until he shall have presented to the 

bere^f'board trustees or board having charge thereof, a certificate in 

of examiners, duplicate of his qualification, which duplicate shall be 

filed with the secretary of the board of education of the 

district wherein said school is situated, and so indorsed 

on the original by the secretary, and no salary shall be 

paid to any teacher unless silch duplicate be so filed. 

Members of the board of examiners may be employed to 

teach without the certificates required of other teachers, 

but should any member of the board of education, or any 

school trustee, be employed as teacher, it shall vacate his 

office. 

11. There shall be in every county for the purpose of 
examing teachers a county board of examiners, to be com- 
posed of the county superintendent, who shall be ex-officio 
president, and two experienced teachers, each of whom 
shall have received a teacher's state certificate or a num- 
ber one county certificate, or be a graduate of some repu- 
table school, to be nominated by the county superinten- 
dent and be appointed by the presidents of the district 
boards of education, as now prescribed by law, one mem- 
ber to be appointed annually for a term of two years, at 
which meeting a majority of said presidents, or any three 
thereof, shall constitute a quorum. It shall be the duty 
of the county superintendent to attend such meeting. 

Vacancies in said board of examiners shall be filled by 
the presidents in the same manner as members of said 
board are appointed, and it shall be the duty of the coun- 
ty superintendent, upon ten days notice, to call meet- 
ings of said presidents at the county seat for that pur- 
pose. The board of examiners shall each receive a com- 
o^exaniineiS P ens ation of three dollars per day for each day actually 
and necessarily employed in conducting the examina- 
tions. The county superintendent shall collect from 
every applicant a fee of two dollars, out of which fees 
he shall pay the per diem of the board of examiners, and 
the expenses of the notice and of conducting such ex- 
amination, but such per diem and expenses shall not 
exceed one-half of the fees so collected; the remainder 
of such fees he shall pay to the Auditor of the State to be 
placed to the credit of the general school fund of the 
State. He shall, at the close of all examinations, make 
and return to the State Superintendent of Free Schools, a 
detailed and certified account of the names of all appli- 
cants for examination; the amount of fees collected bv 



Vacancies 



Compensa- 



Account of 

examination 

fund. 



School Law of West Virginia 39 

him; the amount paid out as above provided, and the 
balance placed to the credit of the general school fund, 
as aforesaid. 

All acts or parts of acts inconsistent with any of the 
provisions of this act, are hereby repealed. 

LXXIII. I am clearly of the opinion that the Legislature never 
intended to say that because a trustee should teach in a district 
other than the one for which he is trustee that his office would thereby 
be vacated. I can see the legal impropriety of a teacher being trustee 
in his own district and possibly thus employing himself ; but surely 
he would have the right to teach in another district under a contract 
with the trustees of such other district. — Romeo H. Freer, Attorney- 
General. 

[Note. — Most of the provisions of sec. 29 are repealed by sec. 2Sa.] 

29. The following regulations shall be observed by for g board n of 
boards of examiners with regard to examinations and «»mi*ers. 
granting teachers' certificates: 

First. No applicant shall be admitted to examination 
unless the board shall have reasonable evidence that he 
or she is of good moral character and temperate habits, 
and has attained the age of sixteen years. 

Second. Xo college diploma or certificate of recom- 
mendation from the president or faculty of any college 
or normal school or academy shall be taken to super- 
sede the necessity of examination by the board of exam- 
iners, nor shall a certificate be granted to any applicant 
except after a careful examination upon each branch of 
study and upon the art of teaching. 

Third. Boards of examiners and others herein author- 
ized to confer certificates shall state the teacher's grade 
of proficiency in each branch in which he is examined. 

Fourth. They shall grade the certificate granted ac- 
cording to the following scheme numbering them ac- 
cording to the merit of the applicant from one to three : First grade 

The first grade certificate shall be issued to all appli- certificates, 
cants who shall pass an examination in all the brandies 
required to be taught in the primary free schools of the 
State, and in addition thereto the theory and art of 
teaching, general history, civil government and book- 
keeping, and obtain a general average of ninety per 
cent, on a scale of one hundred per cent, and not less 
than seventy-five on any one branch; which certificates 
shall be valid for a period of four years and shall be 
re-issued once without examination at the discretion of 
said board of examiners, provided the holder has taught 
two years on said certificate. nd rade 

The second grade certificate shall be issued to all ap- " e 
plicants who shall pass an examination upon all the 
branches required to be taught in the primary free 
schools and in addition thereto civil government and the 
theory and art of teaching and obtain a general average 



40 



School Law of West Virginia. 



Third grade. 



State Board 
of Examiners 



Meetings. 



Grades of 
certificates. 



Certificates 
issued to 
graduates of 
certain 

institutions. 



of eighty per cent, and not lower than seventj r per cent, 
on any one branch, which shall be valid for a period of 
two years and be re-issued only upon examination. 

The third grade certificate shall be granted to appli- 
cants who shall pass a satisfactory examination in 
the branches required to be taught in the primary free 
schools, and the theory and art of teaching and obtain 
a general average of seventy per cent, and not lower 
than sixty per cent, in any one branch, and be valid for 
a period of one year and be re-issued only upon exami- 
nation and then not to the applicant more than twice. 
All grades of county certificates provided by law shall 
be granted at the same examination. Failure to attend 
the teachers' county institute where such attendance 
may be required of teachers holding any of these grade 
certificates unless excused by law or unless said failure 
may be for reasons deemed sufficient by the county 
board of examiners shall be cause for revoking said cer- 
tificate. 

29a. I There shall be a State board of examiners 
which shall consist of four competent persons, one from 
each congressional district, to be appointed by the State 
Superintendent of Free Schools; the term of office of 
such examiners shall be four years and vacancies in said 
board shall be filled by the State Superintendent of Free 
Schools. Said board shall meet at two different places, 
at least, in each congressional district in each year, for 
the purpose of making the examinations and granting 
the certificates provided for in this act, and any three of 
said members shall constitute a quorum. 

II. The board thus constituted may issue two grades 
of certificates to such as are found to possess the requi- 
site scholarship, and who exhibit satisfactory evidence 
of good moral character and of professional experience 
and ability, as follows : First class certificates for twelve 
years; second class, for six years. Any person holding 
a certificate of the first class, who shall have taught for 
eight years of said twelve years, shall be entitled, with- 
out examination, to have the same renewed at the expi- 
ration of the said twelve. 

The second class to be issued to applicants of satis- 
factory attainments in the branches required for county 
certificates, and in addition, not fewer than four other 
branches to be determined upon by the board. 

The second class certificates shall be issued upon ap- 
plication, without examination, to the graduates of the 
State University of West Virginia, of the Peabody Nor- 
mal College of Tennessee, of the State normal school 



School Law of AVest Virginia 41 

and its branches of West Virginia, and of other schools 
in this State whose grade of work is equal in all respects, 
in the judgment of the board, to the State normal school 
and its branches, where graduates shall have presented 
to the board satisfactory evidence that they have taught 
successfully three years in the State under a number one 
county certificate, two of which said three years shall 
immediately precede the application for such certificate. 

Teachers who shall present to the board satisfactory Sv|n C on 8 ex- 
evidence that thev have taught successfully four vears, potion of 

S6CODCI 

under a second-class certificate, shall be entitled to re- 
ceive, without examination, a first-class certificate at the 
expiration of the second-class. 

The board shall keep a record of the proceedings, Record, 
showing the number, date and duration of each certifi- 
cate, to whom granted, and for what branches of study, 
and shall report such statistics to the State Superintend- 
ent annually on or before the thirtieth day of Septem- 
ber. 

III. All certificates issued by such board shall be ^SS^JJ y 
countersigned by the Superintendent of Free Schools; d c . b °?i 
and such certificates shall supersede any and all other 
examinations of the persons holding them, by any_ board 

of examiners, and shall be equivalent to a number one 
certificate granted by a county board of examiners, and 
shall be valid in any school district in the State, unless 
revoked by the State board for a good cause. 

IV. Each applicant for a certificate shall pay the Fee ' 
board of examiners a fee of five dollars. 

V. The board of examiners shall each receive a com- $2™ S? "com- 
pensation of five dollars per day actually and necessa- iners - 

rily spent in conducting the examinations, and for one 
day to be spent in consultation and in preparing for 
their duties and six cents per mile for each mile neces- 
sarily traveled in going to and returning from the place 
of examination. This compensation shall be paid out 
of the fees received from the teachers examined, and 
shall in no case exceed the amount so received. 

Said board shall, at the end of each school year, make Annual report 
and return, to the State Superintendent of Free Schools, perintendent. 
a detailed and certified account of the names of all the 
applicants for examination, the amount of the fees re- 
ceived, the amount paid out to the members of the board, 
and the balance, if any, shall be paid over to the treas- 
urer of the State, to be placed to the credit of the dis- 
tributable school fund. 

LXXIV. Graduates of the State Normal School and of the State 
University, in order to secure the second class certificates, must 
present to the State board of examiners satisfactory evidence thai 



42 



School Law of West Virginia 



they have taught successfully three years under a Number 1 county 
certificate ; two of which said years must immediately precede the 
application for the certificate. 



Teachers to 
keep daily 



ep 

id 



and term 
registers. 



Forfeit for 



30. Every teacher shall keep a daily register and make 
monthly reports to the secretary of the board of educa- 
tion of his district. He shall also keep a term register in 
which shall be entered the date of the commencement 
and termination of every term of school, the name and 
age of every scholar who attended the school during said 
term, the daily attendance, distinguishing between males 
and females, the branches taught and the number of 
scholars engaged each month in the study of each branch, 
and such other particulars as are necessary to enable the 
secretaries of the boards of education, or directors, to 
make the reports required of them; and such monthly 
report shall in addition to other facts now required show 
the number of days taught by a substitute, if any, and 
the grade of certificate held by such substitute. 

The State Superintendent of Free Schools shall pre- 
scribe such forms and regulations respecting the register 
to be kept and the reports to be made by the teachers as 
shall seem to him necessary. At the close of each term, the 
register thereof shall be returned by the teacher to the 
office of the secretary of the board of education of the 
district, who shall file the same, and unless such register 
turn r term ie ~ De properly kept and returned, the teacher shall not be 
register. entitled to demand payment for the balance due on his 
salary. Teachers shall be naid monthly, and by orders 
on the sheriff, or collectors, signed by the secretary and 
president of the board, which orders, when signed as 
aforesaid and delivered to the teacher, shall be deemed 
at once due and payable. When any teacher has taught 
according to his contract, for one month, the trustees 
for the sub-district in which he has taught, shall certify 
the fact to the secretary of the district board, whereupon 
he shall receive from said secretary an order upon the 
sheriff or collector of the county, signed by the secretary 
and president of the board of education, for one month's 
salary; but in no case shall such order be given unless 
the monthly report containing the facts required in the 
preceding part of this section, to be shown in the term 
register, be first duly made out and returned to the sec- 
retary. The school month shall consist of twenty days, 
excluding Saturday, all of which shall be devoted to 
teaching the school contracted for. As a means of im- 
proving the teachers and fitting them for more effective 
service in the free schools of the State, teachers' insti- 
tutes shall be held annually throughout the State, one or 
more in each county, they shall be held at sucfi places 



School Law of West Virginia 43 

as the State Superintendent shall, with the advice of the 
county superintendent, direct, and during the week pre- 
ceding that school term in each county, which a majority 
of the school teachers of such county may designate by 
petition to the county superintendent, or by vote at the 
preceding teachers' institute, and shall continue each for 
one week of five days. 

And every person employed as a teacher in the free Compensa- 
schools of the State, who has attended a county institute, institute 
shall receive pay for the same at the rate of one dollar att ? ndaiice - 
and fifty cents per day for a period not to exceed five 
days in any one year, the amount of such compensation 
to be paid, with the salary of the last month of the school 
term, out of the building fund of the district. 

The institutes shall be conducted by experienced and instructors, 
skillful institute instructors, but it shall be a part of the 
duty of the county superintendent, under the instructions 
of the State Superintendent, to make all proper arrange- 
ments for the institutes, and to assist in conducting 
them. 

The instructors, whom the State Superintendent shall §o™Jf n8a * 
appoint as herein provided, shall each receive for his ser- instructors, 
vices not more than twenty-five dollars and his expenses 
for each institute he may instruct, to be paid out of the 
general school fund on a proper order of the State Super- 
intendent, but in no case shall the amount so paid ex- 
ceed one hundred dollars for any one institute. 

Every teacher enrolling in a county institute shall pay institute fee. 
an institute fee of one dollar, seventy-five cents of which 
shall be remitted to the Auditor of the State to be paid 
ino the State treasury to the credit of the general school 
fund, and twenty-five cents to be paid for incidental ex- 
penses and for the betterment of the institute. 

The county superintendent shall, at the close of the in- Jeports te 
stitute, forward to the State Superintendent a certified 
list of all persons enrolled at the county institute, giving 
the exact time each was in attendance and the amount 
of money received ; he shall also forward to the Auditor 
seventy-five cents for every person so enrolled in his 
county. 

Within the months of July, August and September or 
other month after the institute, the county board of ex- 
aminers shall hold one of the two examinations prescribed 
in section twenty-eight. 

It shall be the dutv of the State Superintendent to pre- Graded 

., , . P . ' , r . .course of in 

scribe a graded course 01 institute work covering a period stitute work. 
of two years, which shall embrace history of education, 
school management, methods of teaching, educational 



44 



School Law op West Virginia 



Failure to 

attend 

institute. 



Appropria- 
tion for 
institutes. 



who exempt psychology and such other subjects as may be prescribed 
f Tteodance Ute ^ or ^ e West Virginia Teachers' Reading Circle. Any. 
teacher who has completed the graded course of institute 
work and the graded course of professional study and 
passed a satisfactory examination thereon, and also ob- 
tained a number one teacher 's certificate, shall be exempt 
from further compulsory institute attendance; but any 
teacher so exempt may attend any such institute and 
draw pay for the same as above provided. Any teacher 
not exempt from institute attendance who shall fail or 
refuse to attend at least one institute annually held under 
the provisions of this section, unless such teacher shall 
have an excuse therefor sufficient in the judgment of the 
board of examiners, shall not be entitled to continue or 
complete the school term wherein he may be teaching or 
be employed to teach, in any free school during the year 
within which such failure or refusal may have occurred, 
and it shall be the duty of the county superintendent to 
see that such teacher or teachers are compelled to stop 
teaching for the year in which such failure occurred. 

There is hereby appropriated for the support of said 
county institutes, from the general school fund, the sum 
of six thousand dollars for the year 1903, and six thou- 
sand dollars for the year 1904. 

. All acts or parts of acts inconsistent with this section 
are hereby repealed. 

LXXV. * * * In view of this condition, I am of opinion that 
institutes may he held any time after the third Monday in July of 
each year, and possibly as late as November. — R&meo H. Freer, At- 
torney-General. 

LXXVI. The secretary of the board should carefully examine the 
monthly summary which the teacher files at the end of each month, 
for it should contain a summary of what the teacher is recording In 
his term register, which is to become the chief basis of the secre- 
tary's report to -the county superintendent. In no instance should 
the secretary issue the teacher's order for his last month's salary 
until the term register is found to contain all data required by the 
above section, to be recorded in it. 

LXXVII. "The applicant for examination for a teacher's certificate 
must have attended one institute during the year or have an excuse 
for not so attending sufficient in the judgment of the board of exam- 
iners to entitle such applicant to be examined. Such attendance 
within the year, or such excuse is a condition precedent to the right 
to be examined." — Alfred Caldwell, Attorney-General. 

LXXVIII. When only a few days of a school term run into a new 
year the school may be reported in the old year, but if a month or 
more of the school runs into the new year, then it should all be 
reported in that year. 

LXXIX. The per cent, of attendance and absence should make 100 
without the per cent, of non-membership. 

LXXX. In making reports to the secretary, teachers should not 
count children of the sub-district not enrolled in the school — when 
a child is once enrolled he should be accounted for during the whole 
term, both before and after he is enrolled. 

I..XXXI. It is the duty of the presidents and secretaries of the 
boards of education to issue orders for money directed to be paid by 
the board. 



School Law of West Virginia 45 

LXXXII. The following excuses are deemed of sufficient importance 
in all departments of life and may be regarded good for non-attend- 
ance at the institute : Sickness, death of a near relative, and attend- 
ance at court under summons. Frivolous and petty excuses shouid 
not be accepted. 

LXXXIII. The trustees, if they employ a teacher who has not 
complied with the law requiring teachers to attend institutes, violate 
their oath of office, and ought themselves to be removed if it is done 
wilfully. — Alfred Caldwell, Attorney-General. 

LXXXIV. The holding of an examination or the issuing of a cer- 
tificate in any year prior to the first day of July is prohibited by law. 
The school year begins with that date, and all certificates should be 
issued with reference to it. If a certificate — good for one year, be 
issued in the autumn or later, it terminates with the first day of the 
ensuing July, and so a three or five years' certificate issued at the 
same time would end with the first day of July three or five years 
hence. 

31. In contracts with teachers, it shall be understood Holidays, 
that school is not to be kept in operation for ordinary 
instruction on the first day of January, fourth day of 

July, or the twenty-fifth day of December, nor any Na- 
tional or State festival or Thanksgiving day; but the 
month or time mentioned in such contract shall never- 
theless be computed as if the said days were included. 

32. All teachers, boards of education, and other school Teaching 
officers are hereby charged with the duty of providing 

that moral training for the youth of this State which 
will contribute to securing good behavior and manners, 
and furnish the State with exemplary citizens. It shall BuIlding fireH - 
also be the duty of every school trustee to see that the 
school house is kept clean and in good order, and that 
fires, when necessary, are made and kept therein, but no 
expense shall be incurred therefor, to exceed fifty cents 
per week, and the amount thus expended shall be cer- 
tified by the trustees to the board of education, and shall, 
if correct, be paid out of the building fund of the dis- 
trict. 

LXXXV. Persons building fires should have a definite contract 
with the trustees. ******* 

The Legislature intended by enacting s. 32 to compel the trustees 
to have school houses kept clean, tires made and kept, &c, by expendi- 
tures out of the building fund. ***** 
The trustees have no right to alter the form of appointment prescribed 
by the State Superintendent so as to make it a duty of the teacher to 
do this work for the salary he is to get out of the 'teachers' fund.' 

* * I fully concur with the opinion given by my predecessor 
(General Watts) upon the section named. — Alfred Caldwell, Attorney- 
General. 



President of 



33. The president of the board of education of every _ 
district shall, at least once a year, examine the school ^^ ( ] n sha i 1 1 
houses and schoo] house sites in the district, and report SSooi ne 
the condition of the same to the board ; and such as are, hoU8eH - 
in their judgment, properly located and are sufficient, 
or can with reasonable expense be rendered so, shall be 
retained for the use of public schools, and the remain- 
der, with the consent of the county superintendent, 



46 



School Law of West Virginia 






fng^may U be d " sha11 De sold at Public auction or otherwise, by the 
sow. board of education, and on such terms of sale as the 

board may order and the proceeds added to the build- 
ing fund: Provided, That the grantor or his heirs of 
any such school house site shall, if he or they so desire, 
have the same reconveyed to him or them, without the 
buildings thereon, (if any), upon paying to the board of 
education the amount received by such grantor for such 
site ; or in case no compensation was. paid therefor, the 
same shall be so reconveyed free of charge. In case of 
such reconveyance, the building on such site (if any) 
shall be sold, as hereinafter provided, with privilege to 
the purchasers to remove it from off such site in a 
reasonable time. This proviso shall not be construed 
to apply to any school house lot within any village, town 
or city. 

LXXXVI. I am of the opinion that the board has the right to 
sell the old school nouse notwithstanding the fact that the legal title 
had not been conveyed. This was an inadveftance that no one can 
take the advantage of. The equitable title was in the board. I think 
the board can sell the house as provided in section 33 of chapter 45 
of the Code. — T. 8. Riley, Attorney-General. 



The board 
shall provide 
suitable 
houses, 
grounds, &c. 



Districts may- 
join in erect- 
ing school 
houses. 



Title to joint 
building in- 
vested in. 



34. The board of education of every district shall 
provide by purchase, condemnation, leasing, building 
or otherwise, suitable school houses and grounds in 
their districts, in such locations as will best accommo- 
date the inhabitants thereof, and improve such grounds 
and provide such furniture, fixtures and appliances for 
the said school houses, as the comfort, health, cleanli- 
ness and convenience of the scholars may require, and 
keep such grounds, school houses, furniture, fixtures 
and appliances in good order and repair: Provided, 
That in case such boards of education shall be unable to 
agree upon a proper location for a school house In any 
sub-district, such location shall be decided by the county 
superintendent. 

Boards of education in adjoining districts or counties 
may jointly provide for the erection of school houses 
for the accommodation of adjoining portions of dis- 
tricts or counties, for high schools, union schools or sub- 
district schools, which from local causes, cannot be 
conveniently attached to sub-districts in the districts or 
counties to which they belong. The title to such houses 
shall be vested in the board of education having super- 
vision of the sub-district containing the greatest number 
of children, and terms indicating a trust for the purpose 
aforesaid shall be introduced into an agreement made 
between the boards of education interested. Such school 
houses shall be provided with furniture, fixtures and 



School Law of West Virginia 47 

such other appliances as are supplied to school houses 
generally. An equitable amount shall be assessed on 
each district interested, by the respective boards of edu- 
cation, for the purpose aforesaid. Boards of education 
shall in every case require bond of all contractors, with 
approved security, in double the amount of the contract 
for building or repairing school houses. 

No county superintendent, board of education, or any ^personal!? 
member thereof, or trustee of any sub-district, shall, interested in 
directly or indirectly, become personally interested in 
any contract for building or repairing school houses in 
his or their district; and any county superintendent, 
member of such board, or any trustee, violating this sec- 
tion shall be guilty of a misdemeanor and fined not less 
than one hundred dollars. 

LXXXVII. The length of a school term in union schools must be de- 
termined by the term fixed by the district in which the school is lo- 
cated, for its schools. The trustees of the sub-district would con- 
trol the location of the school. &c. All the boards of education of 
the district out of which the pupils are sent have to do, is to pay a 
just part of the exnense of the union school. — Alfred Caldwell, At- 
torney-General. 

LXXXVIII. In case the land owner, on whose land a school house 
is built by a board of education before a deed is delivered therefor, 
refuses to make the deed, proceedings in a court of equity may be 
instituted by the board to compel the specific performance of the con- 
tract. 

LXXXIX. Chapter 65, Acts 1879, makes it a misdemeanor for any 
county or district school officer to become directly or indirectly 
pecuniarily interested in contracts, lettings and furnishings in cases 
where he has a voice or control. See Acts 1879, chapter 65. wherein 
it is provided that : "It shall be unlawful for any member of a 
county court, overseer of the poor, district school officer, or any mem- 
ber of any other district board, or for any county or district officer 
to be or become, directly or indirectly, pecuniarily interested in the 
proceeds of any contract or service, or in furnishing any supplies in 
the contract for, or the award or letting of which, as such member 
or officer, he may have any voice or control." See also section 13 of 
this chapter. 

XC. When the board fail to agree upon the location of a school 
house, and the county superintendent is called to decide the matter, 
his decision is final and from it no appeal can be taken. 

XCI. A county superintendent has no authority to select a site 
for a school house. He can only act when the board of education fail 
to agree as to a location. 

35. No school house shall be erected unless the plan ^l^iSed^ 6 
thereof shall have been submitted to the county super- county su- 
intendent, and approved by him, and it is hereby made per n e 
his duty to acquaint himself with the principles of school 
house architecture, and, in all his plans for such struc- 
tures, to have regard to economy, convenience, health 
and durability of structure. 

XCTI. The approval of the plans of school houses is, perhaps, the 
most important duty which the county superintendent h»s to per- , 
form. He is thus made the architect of school house construction in 
his county, and if me same are illy constructed, poorly ventilated, 
poorly lighted, and improperly heated, thus producing physical injury 
to the pupils, he is morally responsible. 



48 



School Law of West Virginia 



Land for 
school site 
may be con- 
demned. 



School prop- 
erty exempt. 



36. When land has been designated by the board of 
education of any district as a suitable location for a 
school house and the necessary buildings, or for enlarg- 
ing a school house lot, if the owner or owners refuse to 
sell the same, or demand a price therefor which is 
deemed by the board unreasonable, or the owner is a 
feme covert, a minor, non compos mentis, or non-resident, 
aften ten days' notice, served' upon such owner or own- 
ers, or the owner or owners being non-residents thereof, 
by publication for four weeks in some newspaper pub- 
lished in the county, or if there be no newspaper pub- 
lished in the county, by posting the same for four weeks 
at the front door of the court house, and five other pub- 
lic places in the county, at least two of which shall be 
in the district and one in the sub-district in which such 
property is located, the board may petition the circuit 
court of such county, to have such lots of ground con- 
demned for the use of public schools, and such proceed- 
ings shall thereupon be had in the name of such board 
for the condemnation thereof, as provided for in chap- 
ter forty-two of this Code: Provided, That the land so 
taken shall not exceed in quantity one acre. 

XCIII. When condemnation proceedings become necessary the board 
of education should consult and advise with the prosecuting attorney 
who will instruct it how to proceed according to the provisions of 
chapter XLII, of the Code of West Virginia. 

37. All school houses, school house sites and other 
property belonging to any board of education and used 
for school purposes, shall be exempt from execution or 
other process, and from lien on, or distress lor taxes or 
county levies; but when any order of^the board, upon 
the sheriff of the county, or judgment or decree for a 
sum of money against the said board has been presented 
to such sheriff without obtaining payment, payment there- 
of may be enforced by the circuit court by mandamus 
or an order for specific levy on the property taxable in 
the district. 

37a. Whereas it is represented to the legislature that, 
prior to the introduction of the present free school 
system, many lots or small pieces of land were donated 
or purchased, and the title thereof, legal or equitable, 
vested in trustees with the view of erecting thereon 
buildings designed exclusively for educational purposes, 
and that they were used for such purposes many years 
prior to the formation of the State, and are still used or 
claimed by the boards of education in the various school 
districts in many of the counties of the State, and that 
said trustees in many cases have departed this life or 
left the State, and others since the introduction of the 



School Law of West Virginia 49 

free school system have declined to act or take any 
interest in, or control over, such lands ; therefore, 
Be it enacted by the Legislature of West Virginia : 

1. That the title of all such lands be, and the same, is Title to cer- 

1--I1 -ir»n • 'i -i • tain lands. 

hereby vested m the board oi education ot the school 
district in which such lands as have been in the actual 
possession of the board of education for the last five 
years, and are still in such possession and not otherwise 
claimed, may be, and their successors in office, to be 
held and used for free school purposes, and none other. 

2. If from any cause the board of education of the JJfaybe sow. 8 
school district in which any such land may lie, shall hi 
of opinion that the interest and convenience of the 
schools of such district will be promoted by the sale of 
any such lands, they may sell and convey the same, a ad 
use the proceeds of such sales in the purchase of other 
lands and the erection or repair of other buildings to be 
used and held for free school purposes, as in other 
cases. 

38. To provide school houses and grounds, furniture, buying fund, 
fixtures and appliances, and keep the same in good or- 
der and repair, to supply said schools with fuel and ail 
other things necessary for their comfort and convenience, 
and to pay any existing indebtedness against the building 
fund and all other expenses incurred in the district in 
connection with the schools, not chargeable to the 
"teachers' fund," the board of education shall, annu- 
ally, on the first Monday in July, or as soon as practi- 
cable thereafter, levy a tax on the property taxable in 
each district, not to exceed, in any one year, the rate 
of forty cents on every hundred dollars valuation thereof, 
according to the latest assessment on the same for State 
and county taxation. 

XCIV. The levy for the Building Fund is limited to forty cents on 
the $100, except in the case of high schools organized under the 
provisions of section 24 of this chapter wherein it is provided that 
for the equipment and support of these high schools 30 cents addi- 
tional may be levied, thus making the rates of lew 70 cents on the 
$100. 

XCV. It is the duty of boards of education to levy for a sufficient 
amount for both teachers' and building funds, to do all that is neces- 
sary to have all the schools in their respective districts taught five 
months in the year unless such amount would require a levy of more 
than the maximum rate fixed by law. See section 40 and decisions 
thereunder. 

XCVI. Power of board to purchase, outline maps and dictionaries — 
Section 14 seems to imply that there may be apparatus and library 
connected with the public school. Section 16 limits power of trustees 
but not the board of education as to expenditures for certain articles. 
I am inclined to a liberal construction of the law in respect to what 
is a proper expenditure of the building fund. I believe outline maps, 
dictionaries for reference and any other necessary apparatus t'«>r the 
instruction of the scholars in the' branches to be taught in the school. 
reasonable in amount, can be purchased out of the building fund at 
the discretion of the board of education by virtue of the authority 
conferred by the 34th section upon such board to provide such furni- 
ture, fixtures and appliances for the school houses as the convenience 
of the scholars may require.- Alfred Caldwell, Attorney-General. 



50 



Building 
Fund. 



Levy for 
support of 
schools. 



Teachers' 
fund. 



Board may 
be compelled 
to levy. 



Special levy. 



School Law of West Virginia 

39. The proceeds of taxes so levied, of school houses 
and sites sold, of all donations, devises and bequests 
applicable to any of the purposes mentioned in the pre- 
ceding section, shall constitute a special fund to be called 
the "building fund," to be appropriated exclusively to 
the purposes named in the preceding section. 

XCVH. A balance due the building fund should not be taken by 
the board to pay debts against the teachers' fund, nor should money 
be taken from the teachers' fund to pay claims against the building 
fund. 

XCVIII. Insurance paid for the destruction of a school house by 
fire is paid to the credit of the building fund of the board of educa- 
tion generally, and may be used to erect another building in the same 
or a different place, or for other purposes, as the board may direct. 

XCXIX. To supersede or correct a school levy by the circuit 
court. For process, -see Acts of 1875, chapter 72, and Wells, et al vs. 
Board of Education, 20 W. Va. lb/. 

40. For the support of the primary free schools, of 
their district, and in each independent school district, 
and to pay any existing indebtedness against the teachers ' 
fund, the board of education thereof, shall annually on 
the first Monday in July, or as soon thereafter as possi- 
ble, levy by the authority of the people as prescribed in 
section two of this chapter, such a tax on the property 
taxable in the district, as will, with the money received 
from the State for the support of free schools, be suffi- 
cient to keep schools in operation at least five months in 
the year, provided, the tax in any one year shall not ex- 
ceed the rate of fifty cents on every one hundred dollars 
valuation according to the latest available assessment 
made for State and county taxation. The proceeds of 
this levy, together with the money received from the 
State as aforesaid, shall constitute a special fund, to be 
called the teachers fund, and no part shall be used for 
any other purpose than the payment of teachers ' salaries, 
first for the current year, and any part of said fund not 
so expended, shall be appropriated to the payment of 
any existing indebtedness created for said purpose. 
Upon the failure of any board of education to lay such 
levy as hereby required, or any other levy provided for 
in this chapter, they shall be compelled to do so by the 
circuit court of the county by a writ of mandamus, unless 
good cause be shown to the contrary. 

But in case the levy provided for in this and the 38th 
section of this chapter shall not be sufficient to pay any 
existing indebtedness of the district in addition to the 
other purposes for which it is levied, the board may in- 
crease such levy to the amount actually necessary, or lay 
a special levy for the purpose, but such increase or spe- 
cial levy together with any other levy not provided for 






School Law of West Virginia 51 

in this and the 38th section of this chapter, shall not ex- 
ceed in the aggregate, thirty cents on the one hundred 
dollars valuation of said property, and in no case shall 
the appropriation of any money to the payment of any 
existing indebtedness, directly or indirectly, interfere 
with the payment of the teachers' salaries for the term 
of five months, for which the schools are required by law 
to be kept open each year. 

C. If a fifty-cent teachers' levy will not support the schools of a 
district for five months, reasonably and economically conducted, to- 
gether with the aid received from the State, the board of education is 
not only authorized by the statute to exceed that limitation but it 
is its duty under the law to do so. — Romeo H. Freer, Attorney Gen- 
eral. 

CI. Under the provisions of this section, the free schools must be 
kept in operation at least five months in the year, and as many more 
as may be determined t>y the voters of the district. 

CI I. A board of education may be compelled by a writ of man- 
damus to levy at a sufficient rate to run the schools of a district five 
months, if the people have directed by vote that the levy be made 
and the rate of levy does not exceed the limit prescribed by law which 
may under the provisions of section 40, by special levy exceed 
fifty cents on the $100, but must not exceed 80 cents on the $100. 

CIII. A board of education violates a plain provision of the law 
when it pays "existing indebtedness" out of the levy for the current 
year and thereby shortens the term of the schools of the district 
below five months. A sum necessary to run the schools five months 
must be provided, and if anything is left it may be applied to exist- 
ing indebtedness. 



41. If the board of education of any district agree that JfiSffri, 
the school in their district should be continued more months, 
than five months in the year, or if twenty or more voters 
of the district ask it, in writing, they shall submit the 
question to the voters thereof at the next general election, 
which order shall state also the length of time for which 
it is proposed to continue the schools. Ballots may be 
used for voting on the question, on which may be writ- 
ten or printed "for months schools"; for those who 

are in favor of more than five months school ; those who 
oppose a longer term than five months may vote with a 
ballot having written or printed on it, "against more 
than five months school. ' ' And if the proposition for a 
longer term than five months have a majority of all the 
votes cast for and against, then the board shall order the 
levy accordingly. Provided, That in any district where 
a poll is held for a purpose herein specified, notices of 
such election shall be posted by the secretary of the 
board of education in at least three public places in the 
district, at least three weeks before the day of voting; 
and the notice shall explicitly state the term of time for 
the school, which is to be voted for, and only two terms 
of time shall be voted for at any one election. And the 
time of the term voted for at such election shall con- 



term 









52 



School Law of West Virginia 



tinue for two years. The poll shall be held and the 
election conducted, and the official records returned as 
prescribed in the second section of this chapter. 

The trustees in each sub-district may, in their discre- 
tion, order all the schools under their jurisdiction to 
begin in any month in the school year. 
To get share 42. No district or independent school district shall 
lfrvyTs* 6 fund hereafter receive any share of the distributable State 
necessary. fund for free schools, in any year in which the levy 
required by the fortieth section has not been made in 
such district or independent school district; and any 
money heretofore or hereafter distributed, and undrawn 
and remaining' credited on the boo}« of the Auditor to 
any such district or independent school district on the 
thirtieth day of June in each year, shall, on that day, 
be transferred on the books of the Auditor to. and form 
a part of, the general school fund to be distributed. 

CIV. It is the duty of the countv superintendent of any county In 
which a district or districts have voted down the levy, to inform the 
Auditor of the same, giving name or names of said district or dis- 
tricts that he may properly transfer that part of the State fund due 
such district or districts for that year to the general school fund. See 
section 61, last clause. 



certificate 
basis for 
school levy, 



Board must 
determine 
rate of taxa- 
tion. 



43. The assessor of every assessment district shall 
make out and deliver to the secretary of the board of 
education of each district in his district, on or before 
the first day of July in each year, a certificate showing 
the aggregate value of all personal property; and the 
clerk of the county court shall certify to the said secre- 
tary the aggregate value of all real estate in such dis- 
trict or independent school district, which certificates 
shall serve as a basis for any levy that may be made for 
school purposes for that year. 

44. Immediately upon the receipts of the certificates 
mentioned in the preceding section, and of the notice 
from the county superintendent, as hereinafter provided, 
showing the amount of the general school fund to which 
such district, or independent school district, is entitled, 
it shall be the duty of the board of education of such 
district, to determine the rates of taxation necessary, for 
the pay of teachers and for the building fund in their 
district for the school year, and for the payment of any 
such existing indebtedness, as aforesaid, and report the 
same, by their secretary, to the clerk of the county 
court, to the county superintendent, and also to the 
assessor; and thereupon, it shall be the duty of the said 
assessor to extend on his books of assessment for State 
and county purposes, the amount of taxes levied as 

aforesaid, in two separate columns, the one headed 



School Law of West Virginia 53 



i <■ 



teachers' fund/' and the other "building fund," from 
which extension the sheriff shall proceed to collect the 
sanie^ and shall account therefor as required by law. 

Any assessor who shall fail to make out and deliver fine in cer- 
the certificate mentioned in the forty-third section, and 
any secretary of a board of education who shall fail to 
make out and deliver the certificate named in this sec- 
tion, shall be fined twenty dollars for the benefit of the 
building fund of the district. And any assessor who 
shall charge on the assessor's books, as provided in the 
preceding section, a greater amount of taxes than is due 
from the person charged therewith shall, in such case, if 
the overcharge be inadvertently made, be fined double 
the amount, and if wilfully made, ten times the amount 
of the overcharge, one-half thereof to be applied to the 
benefit of the building fund, and the residue to the in- 
former. 

The fines provided for in this section may be recov- how fine 
ered, on motion of any citizen of the district, or sub- recovered, 
district, in which such overcharge or delinquency of the 
assessor or secretary shall occur or in which the prop- 
erty overcharged -may be, on ten clays' notice before 
any justice of such district, or by indictment in the cir- 
cuit court. 

CV. The rate of taxation and levy cannot be determined and laid 
before the first Monday in July of each year. See form of proceed- 
ings at this meeting, in Appendix. 

45. It shall not be lawful for the board of education Board must 
of any district, or independent school district, to con- 3ebt c . reate 
tract for, or expend in any year, more than the aggre- 
gate amount of its quota of the general school fund, and 
the amount collected from the district or independent 
school district levies for that year, together with any 
balance remaining in the hands of the sheriff, or, collec- 
tor, at the end of the preceding year, and such arrear- 
ages of taxes as may be due such district or independ- 
ent school district. 

But in districts wherein there is a town or city with Del)t m be 
an enumeraton of youth of school age of three hun- created in 
dred or over, the board of education of such district ce 
may borrow money and issue bonds therefor for the 
purpose of building, completing, enlarging, repairing 
or furnishing school houses, in such town or city. Said 
bonds shall be payable not exceeding ten years from 
their date, and the rate of interest, thereon shall not 
exceed six per centum per annum, but in no other case 
shall any debt be incurred by such board to be paid out 
of school money for any subsequent year: Provided, 



54 



School Law of West Virginia 



the people. 



That no debt shall be contracted under this section 
which shall, including existing indebtedness, in the 
aggregate, exceed five per centum on the value of the 
taxable property in said district, to be ascertained by 
the last assessment for State and county taxes previous 
to the incurring of such indebtedness, nor without at 
the same time providing for the collection of a direct 
annual tax sufficient to pay annually the interest on said 
debt, and the principal thereof, within and not exceed- 
ing thirty- four years: and, provided, further, that no 
debt shall be contracted under this section unless 
all questions connected with the same shall have been 
must n fe bond8 ^ rs ^ sllDm itted to a vote of the people of said district, 
voted on by and have received three-fifths of all the votes cast for 
and against the same. Such election shall be held and 
conducted in the same manner as the general school 
election provided for in this chapter. 

If the trustees of any district, or any board of educa- 
tion shall make any agreement for the employment of a 
teacher in violation of this section, or for any other 
object concerning free schools under their charge, so as 
to occasion thereby the aggregate of the just claims 
against the board of education of the district, or inde- 
pendent school district, in any year, to exceed its aggre- 
gate receipts, as aforesaid, for such year, such board of 
education, or trustees, shall be individually responsible 
to the teacher, or other person with whom such agree- 
ment is made. 

The board of education of each district, and indepen- 
dent school district, in each county, shall require its 
secretary, ten days prior to the first day of July, in each 
year, to prepare and post at three places of election 
within said district, or independent school district, and 
in each school district or independent school district 
where the expenditures for all school purposes in any 
one school year in said district shall equal or exceed the 
sum of three thousand dollars, said board of education 
shall also publish in some newspaper of the county 
having a general circulation in the district, an itemized 
statement, duly sworn to by the president and secretary 
of said board, showing all moneys disbursed by said pres- 
ident and secretary by orders on the sheriff, or other- 
wise, within the school year, last preceding, distinguish- 
ing between the teachers' fund and building fund. The 
statement shall give the name of each person to whom 
an order shall have been issued, and shall state the ob- 
ject for which it was given. 



Trustees or 
board indi- 
vidually 
responsible. 



School Law of West Virginia 55 

CVI. The law makes no provision for additional compensation for 
the secretary in consideration of making up the statements to be pub- 
lished by boards in all districts having an annual expenditure of 
$3,000 or more: 

CVII. An important case arising upder the provisions of Section 
.45, was decided by the Supreme Court of Appeals, December 6, 1893. 
and is reported in 38 W. Va., p. 382. The syllabus reads as follows : 

1. Schools and Schoolhouses — Boards of Education — Contracts — 
Construction of bcatutes. 

Under section 45, c. 45, of the Code, the value of a school house 
and its site yet unsold, though the board of education intends to sell 
it, can not be taken into consideration in estimating the amount of 
money available in the fiscal year for contracts and expenditures. 

2. Schools and Schoolhouses — Boards of Education — Contracts — 
Construction of Statutes. 

Where a contract between a board of education and contractors for 
building a schoolhouse fixes a sum as the contract price, which may 
exceed the amount of money available under section 45, c. 45 of the 
Code for a fiscal school year, but contains a provision that no liability 
shall be imposed by such contract on the board for anything beyond 
the sum lawfully available under that section, so as to prevent the 
contractors from recovering of the board anything beyond such sum, 
the contract is not unlawful under said section, so as to prevent the 
board from paying upon it such money as is applicable under said 
section. 

46. The sheriff or collector of the county shall receive, Duties of 
collect and disburse all school moneys for the several sheriff - 
districts and independent districts therein, both that 
levied by said district and that distributed thereto by 
the State. He shall be required by the county court to 
give in addition to his bond as collector of the State and 
county taxes a special bond in approved security in a 
penalty equal to double the amount of school money 
which will probably come into his hands for school pur- 
poses during any one year of his term of office, which 
shall be made payable to the State of West Virginia, 
with one or more sureties deemed sufficient by such 
court, and proved or acknowledged before such court 
and an order stating such proof or acknowledgment shall 
be entered of record by such court. 

He shall keep his accounts with the several boards of 
education of each district and independent school dis- 
trict: one of money belonging to the teachers' fund and 
the other of money belonging to the building fund, and 
shall credit every receipt and charge every disburse- 
ment to the fund to which it belongs. He shall pay out 
no money standing to the credit of the board of educa- 
tion, except upon an order signed by the secretary and 
prasident thereof, specifying the sum to be paid and the 
fund to which it is to be charged; or upon a certified 
copy of a judgment, or a decree of a court of justice 
against the sai.d board, for a sum of money therein 
specified; or upon an order of the county superintend- 
ent, as provided in section eight of this chapter. 

He shall, on, or immediately before, the first day of 
July in each year, settle with the board of education of tiement with 
each district and independent school district, in which boarda 



56 School Law of West Virginia 

settlement he shall be charged with the amount of taxes 
levied by the board of education upon the property of 
the district or independent school district, for the teach- 
ers' fund and building fund, and to pay any indebted- 
ness of the district, and with the amount distributed 
thereto from the general State fund, and for any other 
moneys received by him during the current year on 
account of the free schools of such district or independ- 
ent school district; and he shall be credited with the 
amount of delinquent school taxes of such district or 
independent school district that has been duly returned 
by him and certified by the clerk of the county court to 
such board of education. 

He shall also be credited in such settlement with all 
vouchers produced by him, if found to be correct by the 
district board of education, and he shall receive no other 
credits except his commission as hereinafter provided; 
an account of this settlement shall be made out by each 
board of education, naming the district for which it :s 
made, with the proper debits and credits which were the 
subjects of this settlement. They shall also number all 
vouchers with which the sheriff has been credited by 
them, and endorse on the back of each the words, "Set- 
tled by B. E." Under this endorsement the secretary of 
• the board shall sign his name and date of settlement. 

Sheriff's set- All such accounts and vouchers so endorsed shall then 
co^t^coirt. De delivered to the sheriff or collector whose duty it 
shall be to deliver them to the clerk of the county court, 
which accounts and vouchers shall serve as a basis of 
the settlement to be made by the sheriff or collector, 
with the county court, according to Article XII, and 
section 7 of the Constitution, and section fifty-two of 
this chapter. If any sheriff or collector shall pay out 
in any one year, more money on account of the teach- 
ers' fund or building fund than shall have been levied 
and could have been collected by him during said year, 
together with the amount remaining in his hands from 
any preceding year, he shall in such settlement, receive 
no credit for such excess, 
sheriff's com- He shall receive no pay for receiving and disbursing 
railroad the State school fund, and not more than two per cent, 
for receiving and disbursing railroad taxes, and no pay 
for the disbursement of any school money, arising from 
the sale of school property or received from any other 
source than levies. If he fail to account for and pay 
over, as required by law, any money which may come 
to his hands, or for which he is liable, judgment may be 
recovered therefor against him and his securities, with 



School Law of West Virginia 57 

interest and ten per cent, damages ; and upon the failure 
of such sheriff to pay any proper draft which may be sheriff to en- 
drawn by the said board of education upon him, the 
person entitled to receive the sum of money specified in 
such draft may require the sheriff to endorse thereon, 
or write across the face thereof the words "presented 
for payment/' with the proper date, and sign the same, 
and judgment upon motion therefor may be obtained 
against the sheriff before any justice of his county, or 
before the circuit court thereof, with interest from the 
time said draft was presented and ten per cent, damages, 
he having had at least ten days' notice of the motion: 
Provided, That no sheriff shall be required to endorse 
any school order, nor shall suit be brought on any such 
school order prior to the first day of November of the 
current school year. 

CVIII. Where error is discovered after a settlement has been made 
it may be corrected by proper legal proceedings. 

CIX. See Code, chapter 41. section 56, as to penalty for sheriff. 
who shall fail or refuse to pay any draft or order lawfully drawn upon 
him, under certain circumstances. 

CX. Neither the board of education as a corporation, nor the 
members thereof individually, are liable to a sheriff who has paid out 
more in any year, on account of the teachers' fund, than has been 
levied and could have been collected by him during such year, together 
with the amount remaining in his hands from any previous year. — 
Alfred Caldwell, Attorney-General. 

CXI. School orders shall be received at par value in payment of 
taxes, county and district levies, militia fines and officers' fees, etc. — 
See section 16, chapter 41, Code. 

CXII. There is no law providing for the payment, by boards of 
education, of fees to county clerks for preparing abstracts of sheriffs' 
settlements as required by section 52^ or certifying delinquent lists ro 
boards of education, as required of him by this section, or for certi- 
fying the value of real estate to said boards as he is required to do 
by section 43. This work is a part of his duty as a county officer, 
for which he is paid a salary out of the county treasury by the county 
court. 

47. The delinquent lists for district levies shall be re- 
turned and real estate sold therefor, as hereinafter pro- 
vided. 

Such lists of delinquent lands shall be in form, or in 
substance, as follows: 

"List of real estate in the district of , in the coun- 
ty of , delinquent for the non-payment of school 

taxes thereon for the year :" 



58 



School Law of "West Virginia 









o 
c 


be 
a 








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.{-. CJ 








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Name of Person 


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a 
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be 


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CCJ 


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ed 


^ a> 




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DC 


52 


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>>c 




m 


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& 






W 


a 


3 


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K 


w 


£ 



















The delinquent lists of personal property shall be in 
form or in substance as follows : 

"List of personal property in the district of , in 

the county of , delinquent for non-payment of school 

taxes thereon for the year : ' ' 





a • 








i 










o"o 


















«& 








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u be 








4) 










4> U 








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Name of Person 


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. And the sheriff or collector returning such lists shall, 
at the foot thereof, subscribe the following oath: "I, 

A B , sheriff, (deputy sheriff or collector), of 

the county of , do swear that the foregoing list is, 

I verily believe, correct and just; and that I have re- 
ceived no part of the taxes for which the real estate (or 
personal property, as the case may be), therein mentioned 
is returned delinquent, and that I have used due dili- 
gence to find property within my county liable to dis- 
tress for said taxes, but have found none. ' ' 
Property lists; 48. The said lists shall be returned to the county court, 
leposition of. j^^g £h e -fl rs {. <j a y f j u iy in every year, and a list of 

real estate shall be examined, corrected and allowed by 
said court, and a copy thereof certified to the Auditor, 
and another copy to the assessor for future use in mak- 



School Law op West Virginia 59 

ing out the next land book. The list of personal prop- 
erty shall also be examined, corrected and allowed by 
the court, and the amount thereof so allowed, together 
with the amount allowed of the list of real estate, shall 
be certified by the clerk of said court, to the secretary 
of the board of education of the proper district. The 
original list shall be preserved by the clerk of said court 
in his office. 

CXIII. Secretaries should see to it that clerks of the county courts 
furnish them witn these lists before the first Monday in July, as 
required by law. 

49. The auditor shall include the school taxes on real JeUnque°nt 
estate so returned delinquent, in his list to be furnished lands, 
the sheriff for sale for delinquent taxes. 

50. There shall be a lien on all real estate for the dis- Lien on real 
trict levies assessed thereon, from the day fixed by law estate for 
for the commencement of the assessment of taxes therein 
for each year, and interest upon such levies at the rate 
of six per cent, per annum, from the twentieth day of 
January in the year following that in which the assess- 
ment is made, until payment. 

51. A copy of the list of personal property, returned List of per- 
delinquent for the non-payment of district levies, shall, ty I retu?ned eP " 
be placed by the clerk of the county court in the hands delinquent, 
of the sheriff or collector for collection, to be collected 

and ^accounted for by him, in the same manner as for 
levies originally placed in his hands for collection; and 
he may collect such levies by distress or otherwise, at 
any time within two years after they are so placed in his 
hands. 

52. Every sheriff or collector shall be allowed five S;|^ c n om ' 
per centum commissions on the collection of all district district taxes, 
levies for free school purposes. In addition to the settle- . 
ments required to be made with each board of a district, 
every sheriff or collector of school moneys shall also 
make annual settlements, by districts, with the county 
court of his county, at its next term after the first day 
of July of each year, showing the amount of all moneys 
received and disbursed by him for the preceding year 
for school and building purposes from State and from 
the district and independent school district funds, and 
the amount due to each district; which settlement shall 
be made a matter of record by the clerk of said court, 
in a book to be kept for that purpose. All accounts 
and vouchers required to be returned to the clerk of the 
county court by section forty-six of this chapter, shall 
be filed by said clerk in his office, and the file of each 
district shall be kept separate. 



60 



School Law of West Virginia 



Penalty for 
failure to 
make settle- 
ments. 



Prosecuting 
Attorney 
shall take 
action. 



Members of 
board fined 



If any sheriff or collector of school moneys shall fail 
to make the settlement required by this section at the 
time required, without reasonable cause therefor, he 
shall forfeit fifty dollars to the general school fund, and 
a like penalty shall be incurred by him for each subse- 
quent term of the court that shall pass without such 
settlement. And the sheriff or collector shall moreover, 
be charged with twelve per cent, interest on all school 
moneys in his hands for the time he is in default in mak- 
ing the settlement required in this section, which inter- 
est shall be charged up against him when the settlement 
shall be made. 

When the sheriff or collector shall fail to make this 
settlement at the time required herein, it shall be the 
duty of the prosecuting attorney to proceed by action 
against him and his securities in the circuit court, to 
recover the fine imposed upon him by this section. 
Every sheriff or collector shall, moreover, be liable to 
any person injured in consequence of his failure to make 
the settlement herein required. This settlement shall 
extend back to the commencement of the term of office 
of such sheriff or collector. 

If any board of education fail to make the settlements 
required by section forty-six of this chapter, with the 
sheriff, when requested by him to do so, each member 
of such board so failing or refusing shall be fined twenty 
dollars, for the benefit of the school fund. 

The clerk of the county court shall transmit an 
abstract of the settlement to the State Superintendent of 
Free Schools within ten days after the same has been 
made. 

And the retiring sheriff shall within sixty days after 
he shall have made his final settlement in the manner 
herein provided, pay and turn over to his successors in 
office such balances as may be shown due from him by 
said settlements upon such order as is prescribed by sec- 
tion forty-six of this chapter, and if he fail to do so, he 
shall be liable to the forfeit and penalty herein pre- 
scribed. 



53. 



The county superintendent of schools shall be a 

lit- 



County euper- 

InlaSflcation person of good moral character, of temperate habits, 
and salary of. er ary acquirements and skill and experience in the art of 
teaching, and he shall not teach in any school, public or 
private, during his term of office. He shall receive for 
his services an annual compensation, as follows: In 
counties having not more than fifty schools, three hun- 
dred dollars; in counties having more than fifty and not 
more than seventy-five schools, three hundred and fifty 



School Law of West Virginia 61 

dollars; in counties having more than seventy-five and 
not more than one hundred schools, four hundred and 
twenty-five dollars, and in counties having more than one 
hundred schools, five hundred dollars, which salary shall 
be paid ratably for any shorter term of service than one Forfeit for 
year. Provided, however, that the county superintendent failure to 
shall report on oath to the State Superintendent the num- 
ber of schools he has visited during the year, in compli- 
ance with section fifty-four, chapter forty-five of the 
Code of Wast Virginia, and the State Superintendent of 
Free Schools in paying the said county superintendent 
as required by this section shall deduct three dollars from 
the salary of the said county superintendent for each and 
every school within his county that the county superin- 
tendent did not visit. 

Such compensation shall be paid quarterly upon orders 
drawn by the county superintendent on the State Super- 
intendent of Free Schools, who shall upon receiving the 
same, draw his warrant upon the Auditor therefor, pay- 
able to the said county superintendent, or to such person 
as he may direct. But the payment of the fourth quar- 
ter shall not be made until the county superintendent has 
made the reports to the State Superintendent of Free 
Schools required by section 22, of this chapter and for 
every day after the first day of September before the re- delay in 
ceipt of these reports the State Superintendent shall de- reports - 
duct three dollars from the salary of the county superin- 
tendent, unless said reports are delayed by sheriffs' set- 
tlements or reports from secretaries of boards of educa- 
tion. The salary of the county superintendent shall be 
paid out of the general school fund, but the amount 
thereof shall be deducted by the Auditor from the amount 
next to be distributed to each county. 

As a further means of improvement among teachers. [^Vtutea 
the county superintendent shall arrange for and conduct 
district institutes, or teachers' round tables, one or more 
to be held in each district of his county within the school 
year, and at such time and place as is most convenient 
for the teachers. Boards of education shall allow the 
teachers of their respective districts at least one day 's pay for one 
pay in each school year for their actual attendance upon ^ e 8 attend " 
said district institute, such day to be counted as if spent 
in teaching, and as a part of the school term. The 
county superintendent shall certify to the secretary jf 
each board of education the attendance of teachers at the 
different district institutes, and credit shall be allowed 
for the one day's attendance herein provided for, in the 
school month in which said institute is held. Provided. 



62 



School Law of West Virginia 



That no teacher shall be allowed such pay unless he has 
been regularly employed by the trustees or board of edu- 
cation. 
Bond of The county superintendent shall, before entering upon 

county raper-the duties of his office, execute a bond, conditioned ac- 

intendent. _ ' • * -, - 

cording to law, before the county court of his county, 
or the clerk thereof in vacation, in the sum of one thou- 
sand dollars, with approved security upon which bond 
he shall be liable in any court having jurisdiction, to &ny 
person or persons, or to any board of education for losses 
sustained by reason of his neglect, or non-performance 
of duties imposed by this chapter. Said bond shall be 
filed in the office of the clerk of the county court, who 
shall within five days, certify to the State Superintend- 
ent; of Free Schools the name of said county superin- 
tendent and his postoffice address: Provided, That the 
county superintendents heretofore elected shall continue 
in office until their successors shall have been elected and 
qualified under this chapter. 

A vacancy in the office of county superintendent shall 
be filled for the unexpired term by presidents of the 
boards of education in the county, at a meeting to be 
called for that purpose by the clerk of the county court 
at the court house of the county, within thirty days after 
the vacancy occurs. A majority of said presidents shall 
be necessary to constitute a quorum at such meeting. 



Vacancies; 
how filled. 



CXIV. County superintendents must make their reports to the State 
Superintendent full and complete before making requisitk-n for last 
quarter's salary: and the State Superintendent must see to it that 
said report is full and accurate before issuing his requisition upon 
the Auditor for said last quarter's salary of county superintendent. 

CXV. The offices of county superintendent and of notary public are 
not incompatible. 

CXVI. The county superintendent should not pay the secretaries 
until he has examined their books and found them correct. If he does 
this he violates the plain provision of law as set forth in section 8 
of this chapter. 

CXVII. The salary of the county superintendent depends on or is 
regulated by the number of schools, and I have no doubt that if the 
number of schools increase so as to increase his salary during his term 
of office he is entitled to such increased salary. — T. S. Riley, At- 
torney-General. 

CXVIII. Teachers cannot claim pay for attendance at district in- 
stitutes held on Saturday for that is not a legal school day. It would 
also increase their salaries without warrant of law. — Romeo H. 
Freer, Attorney-General. 



County su- 
perintendent 
to visit 
schools. 



54. The county superintendent shall visit each school 
within his county, at least once in each school year, at 
such time as he may deem necessary and proper, and 
note the course and method of instruction and the 
branches taught and give such directions in the art of 
teaching, and the method thereof in each school, as to 



School Law of West Virginia 63 

him shall seem necessary or expedient, so that the uni- 
formity in the course of studies and methods of instruc- 
tion employed shall be secured, as far as practicable, in 
the schools of the several grades, respectively. 

He shall acquaint himself, as far as practicable, with 
the character and condition of each school, noting any 
deficiencies that may exist, either in thej^overnment of 
the school, the classification of its scholars, or the 
method of instruction employed in the several branches, 
and shall make such suggestions in private to the teach- 
er, orally or by writing, as to him shall appear to be 
necessary to the good order of the schools and the pro- 
gress of the scholars. He shall note the character and 
condition of the school houses, the sufficiency or insuf- 
ficiency of their furniture and fixtures, and shall make 
such suggestions to the several boards of education and 
trustees as in his opinion • shall seem conducive to the < • 

comfort and progress of the scholars in the several 
schools. 

55. It shall be the duty of the county superintendent County and 
to aid the teachers in all proper efforts to improve them- tutes. 
selves in their profession. For this purpose, he shall 
encourage the formation of county institutes for mutual 
improvement ; shall attend the meetings of said institutes 
whenever practicable, and give such advice and instruc- 
tion, in regard to their conduct and management, as in 

his judgment will contribute to their great efficiency. 
Tn connection with superintendents of the adjoining 
counties, each county superintendent shall encourage the 
formation of union institutes; shall attend and partici- 
pate in the exercise of the same, as far as practicable ; 
and shall use all proper means to improve the efficiency 
of the teachers and to elevate their profession. 

He shall at all times conform to the instructions of 
the State Superintendent -of Free Schools, as to the mat- 
ters within the jurisdiction of the said Superintendent, 
and shall serve as the organ of communication between 
him and the several district boards of education. He 
shall distribute from his office all blanks, circulars, copies 
of school laws and other communications from the State 
Superintendent to the several boards and persons en- 
titled to receive the same. 

56. In addition to the reports mentioned in the twenty- county 
second section, it shall be the duty of the county super- d eSt^ n rl €n " 
intendent to make out and transmit to the State Super- port, 
intendent of Free Schools a detailed report of the condi- 
tion and character of the schools within his county, not- 
ing all deficiencies and suggesting their remedies, with 



64 



School Law of West Virginia 



agents. 



such remarks upon the operations of the school laws as 
his experience and observation may suggest, pointing 
out wherein he considers them deficient. He shall also 
report such districts as have failed to make returns of 
the enumeration of youth as required in the nineteenth 
section of this chapter ; and also those districts that have 
failed to make the levy required in section forty. It 
shall be the duty of the county superintendent to make 
in a well bound book to be kept for the purpose, a record 
of all his proceedings; of all certificates ussued by the 
board of examiners, and of all reports made by him, 
which book shall be the property of the office; and all 
outgoing county superintendents shall make the report 
required for each year of their service. 

CXIX. The law as laid down in section 56, is explicit in requiring 
a written report of the condition of the schools and school work over 
which they have supervision. Blank, pages are found in the county 
superintendent's ' annual report" and the same should be properly 
filled. 

school officers 57. No school officer, or teacher of any free school, shall 
not to a act e as act as agent for any author, publisher, bookseller, or other 
person, to introduce or recommend the use of any book, 
apparatus, furniture, or other article whatever, in the 
free schools of this State, or any one or more of them, 
or directly or indirectly contract for or receive any gift 
or reward for so introducing or recommending the same ; 
nor shall such person be otherwise interested in the sale, 
proceeds or profits of any book or other thing used, or 
to be used in said schools: Provided. That nothing 
herein shall be construed to apply to any book written, 
or thing invented by such person, or to merchants who, 
in connection with their business, may desire to sell 
school books or other things used in schools. Provided, 
further. That the same are embraced in the prescribed 
series. 

CXX. It is not a violation of law for the teacher to order for 
the pupils of his school, they furnishing the money, the lawful con- 
tract school books they need, at the contract price, either by mail or 
express. The teacher would violate the law, however, if he took any 
profit, or in any sense became an agent or dealer in school books. 

I. Tli ere is hereby established in every county of this 
State a school book board, to be composed of the county 
superintendent of the county, who shall be a member 
and the secretary of the board and eight other reputable 
citizens and taxpayers of the county. At least four of 
the eight shall be freeholders and not school teachers, 
and at least three shall be persons actively engaged as 
teachers in the schools of the county, and shall hold a 
teacher's number one certificate or its equivalent. Not 
more than five of said eight shall belong to the same 



School book 
board. 



School Law op West Virginia 65 

political party. The said eight persons shall be ap- 
pointed by the county court. The term of office of each How a P . 
of said members shall be four years and until their sue- term of 'office, 
cessors are appointed, beginning on the first day of July 
next after their appointment. Said appointment shall 
be made on or before the fifteenth day of June, one when 
thousand eight hundred and ninety-seven, and in every appom e< 
fourth year thereafter on or before the fifteenth day of 
July, and the term of office of those appointed after the 
first appointment (except appointments to fill vacancies) 
shall begin on the first day of August next after their ap- 
pointment, and continue four years and until their suc- 
cessors are appointed. They shall receive as compensa- Compensa- 
tion for their services the sum of two dollars per day for 
each day they shall be in session as a board, and shall not 
receive pay for more than two days in any one year, which 
compensation shall be paid out of the county treasury. 
Vacancies in said board shall be filled for the unexpired vacancies, 
term in the same manner as the original appointment 
was made. Five members shall constitute a quorum, Quonim 
but a smaller number may adjourn from day to day 
until a quorum appears. Every person so appointed 
shall, before entering upon his duties, take an oath that 
he will support the Constitution of the United States and 
the Constitution of West Virginia, and that he will 
faithfully discharge the duties of his office. A certifi- 
cate of every such oath shall be filed with and preserved 
by the clerk of the county court. 

II. The secretary shall keep a record, in a book pro- Secretary, 
vided for the purpose, of the transactions of every meet- 
ing of the board, and shall record the names of the mem- 
bers voting for and against every proposition to adopt 

any text-book; which record shall be open to the inspec- 
tion of any citizen of the county. 

III. Immediately after the appointment of said board, 
in the year one thousand eight hundred and ninety-seven, 
it shall be the duty of the county superintendent to com- 
municate with the publishers of text books, inviting the 
submission by such publishers of samples and prices of 
their books. When such samples and prices have been 
obtained, it shall be the duty of said board to meet at 

the county seat on or before the first Monday of August, Flr8t meeting, 

one thousand e'ight hundred and ninety-seven, on the 

call of the county superintendent, and organize by 

choosing one of their number president. Said board 

shall then proceed to select and adopt one text book, or 

a series of text-books, on each subject required to be 

taught in the free schools of the State, and not provided 






66 



School Law of West Virginia 



Retail price, 



Secretary to 
report. 



Meeting be- 
fore expira- 
tion of 
contract. 



County Su- 
perintendent 
to call 
meeting. 



for by contract under chapter thirty-seven of the Acts 
of one thousand eight hundred and ninety-five, for a 
term of five years, due reference being had to the char- 
acter of the books and the terms offered. It shaii 
require the affirmative votes of five members of the 
board to adopt such book, or series of books, at said 
first meeting. 

IV. In making selection of text-books, at any time, it 
shall be the duty of said board to procure the best possi- 
ble terms for exchange and introduction and for the 
regular supply of the books for a term of five years, and 
they are hereby empowered to fix the retail price at 
which such adopted books shall be sold after the exchange 
and introduction have been effected, but such permanent 
retail price shall not exceed twenty-five per cent, advance 
on the net contract price. 

V. Said board shall, upon making an adoption of any 
text-books, decide upon the date when such adoption 
shall go into effect. The secretary shall send to the 
State Superintendent of Free Schools, and to all the 
boards of education in the county, notice of the names 
of the books adopted, the prices fixed therefor, and the 
date fixed for their introduction and use in the schools 
of the county. 

VI. At least six months before the expiration of the 
contract made under provisions of chapter thirty-seven 
of the Acts of one thousand eight hundred and ninety- 
five, it shall be the duty of the State Superintendent to 
notify the county superintendent of every county of the 
date of the expiration of such contracts and the name 
of the text-books thereby affected; and it shall be the 
duty of said board to meet upon the call of the county 
superintendent, at least three months before the expira- 
tion of any such contract, and adopt one text-book, or 
a series of text-books, on each subject contracted for 
under said chapter thirty-seven of the Acts of one 
thousand eight hundred and ninety-five, for a term of 
five years. On the call of the county superintendent, 
the board shall meet in regular session at least three 
months before the expiration of any contract made un- 
der the provisions of this act, and select the necessary 
books to be used for the succeeding term of five yeans. 
If any publisher shall fail or refuse to furnish any book 
contracted for under the provisions of this act, it shall 
be the duty of the said board, on the call of the county 
superintendent, to meet and select books to be used in- 
stead of those which said publishers have failed or re- 
fused to furnish. But no books shall thereafter be 



School Law of West Virginia 67 

adopted of a publisher who shall have failed or re- pu£if5Je?a to 
fused to fulfil his contract with any board In "Erie State, carry out 
and the name of any such publisher shall be furnished 
by the secretary of said board to the State Superintend- 
ent of Free Schools, and the State Superintendent shall 
communicate the same to every county superintendent. 

VII. No text-book or series of text-books, on any one Present con- 
subject now contracted for under said chapter thirty- remain in 
seven of the Acts of one thousand eight hundred and force ' 
ninety-five, or that shall be contracted for under the 
provisions of this act, shall be changed for another or 
different book or series of books except by the affirma- 

tive votes of five members of the board: Provided, 
That no change in the text-books contracted for under 
the provisions of said chapter thirty-seven of the acts 
of one thousand eight hundred and ninety-five shall be 
made until the expiration of such contracts, unless for 
failue of the contractor. And not more than one book 
or one series of books on one subject, shall be changed thaVoSe* 
in any one year, except by the affirmative votes of six book 
members, and except as provided in section three : Pro- except! 
vided, That in case of failure of a publisher to comply 
with his contract, the board may, by the affirmative vote 
of five members, adopt other books in place of those con- 
tracted for. 

VIII. After the adoption of any text-books the board who may sell 
shall contract with the publishers proposing the same, book8 - 

to supply said books in sufficient quantities, for a term 
of five years, beginning on a date to be stated in the 
contract, to every board of education, depositary, agent 
of said school book board or of said board of education, 
or to any dealer or other person of the county, at the 
prices named in this contract, and free on board the cars 
at the place of publication or other place (which place 
shall be named in such contract) ; and that said books 
shall be equal in binding, typography, and in all other 
respects to the samples furnished; and that no changes 
shall be made in said book during the life of the con- 
tract. In such contract shall be stated the accurate title 
of every book therein contracted for, the name of the 
author and of the publisher thereof, and the agreed f r ac?. of con " 
price or prices thereof. Forms of such contract shall 
be prepared by the State Superintendent of Free 
Schools and furnished to each county superintendent. 
Every dealer or publisher entering into such contract, 
shall furnish to the county superintendent a sample copy 
of each book contracted for, and the county superintend- 
ent shall attach to each of said books a label bearing 



68 



School Law of West Virginia 



Bondof 

publisher. 



No school 
officer act 
agent. 



Depositaries. 



Bond of 
Depositary. 



Depositary 
to keep 
books. 



thereon : ' ' Sample copy contracted for with 

on the day of 189 . . 

, County Superintendent. " 

IX. Every publisher entering into contract with any 
board under the provisions of this act, shall, within 
thirty days thereafter, give a bond, in the penalty of 
ten thousand dollars, to be approved by the Governor 
and deposited with the State Superintendent of Free 
Schools, conditioned for the faithful performance of 
every such contract made by such publisher theretofore 
or thereafter with any such board. 

X. No member of said board shall serve, directly or in- 
directly, as the agent for any publisher in school books 
competing for adoption under the provisions of this act, 
or be personally interested in any school book, and no 
teacher nor school officer shall act as agent for any school 
book. 

XI. At the first meeting after the thirtieth day of 
June, one thousand eight hundred and ninety-seven, the 
board of education of any district in this State may (at 
their option) appoint one or more depositaries in each 
district, and when practicable one or more depositaries 
at or near each postoffice, who shall keep at all- times a 
sufficient supply of text-books to supply the free schools 
of the neighborhood. Each depositary shall execute a 
bond in the penalty of double the value of the books 
which he will probably have on hand at any time, but 
in no event of a less penalty than one hundred dollars; 
which bond shall be approved by the board of educa- 
tion and filed with the secretary thereof. The board of 
education may discharge any depositary at any time, 
and require him to deliver the books in his possession 
to such person as the board may name, and require the 
depositary to settle his accounts and pay over to the 
sheriff any balance in his hands on or before a date 
named by the board. 

XII. Each depositary shall, on or before the first day 
of September in each year, unless the board of educa- 
tion shall name an earlier date, make out a list of the 
text-books, in sufficient quantity in his judgment 
to supply the schools in his neighborhood for a 
period of six months, and from time to time thereafter 
each depositary shall make out additional lists of such 
books, so that he may at all times have a sufficient sup- 
ply on hand ; such lists, when approved by the board of 
education, or the president thereof, shall be signed by 
him and the secretary thereof, and by the secretary for- 
warded to the address of the publishers of the books 
therein named. 



School Law of AVest Virginia 69 

XIII. It shall be the duty of said publishers promptly l n J Q ^ eB of 
to forward the books therein named to such depositary, 

and to make out two invoices or bills therefor, one of 
which shall be forwarded to the depositary and the other 
to the secretary of the board of education. The board 
of education shall supply the secretary with a proper 
book in which to keep the accounts of all the deposi- 
taries in the district. On the receipt of each invoice the 
secretary shall charge the amount thereof against the 
depositary receiving the books therein named, in said 
account book y and file or preserve the invoice or bill. 
If there be any error in such invoice or bills, the depos- 
itary receiving the same shall promptly notify the pub- 
lisher making the same; and if such publisher fail to 
correct such error within twenty days thereafter, such 
depositary shall notify the secretary of the board of 
education thereof, and the board of education shall 
investigate the same and take such action therein as may 
be proper and just. Eeach depositary shall pay to the Payment to 
sheriff of the county, at the end of each thirty days, or tlie sheriff, 
oftener if required, and whenever required by the board 
of education, the amount received by him from the sale 
of such text-books since his last previous payment, less 
his commission (to be fixed by the board of education 
and not to exceed fifteen per cent, on the amount of commission? 
such sales), and the amount paid by him for transporta- 
tion charges on such books; provided, That each state- 
ment t)f charges to the sheriff shall be accompanied by 
all the transportation bills paid by said depositary. The 
sheriff shall duplicate receipts therefor to such deposi- 
tary, wherein shall be stated the total amount of such 
salesand the amount paid by such depositary to the 
sheriff, one of which receipts shall be filed by such 
depositary with the secretary of the board of education, 
and upon receiving the same said secretary shall credit 
the account of said depositary with the amount appear- 
ing thereby to have been so paid by him to the sheriff 
and the amount paid for transportation charges, and the . 
amount of said commission by separate items, and said 
secretary shall charge against the account of the sheriff, 
which he is hereby required to keep, the amount paid 
by such depositary to such sheriff, to be accounted for 
by the sheriff in his annual settlement with the board 
of education. The amounts received from the sales of 
such books shall be credited to the building fund of the 
district. 

XIV. The board of education of each district shall Board of 
be liable in its corporate capacity for fche whole amount nabuv 



70 



School Law of West Virginia 



Books paid 
for out of 
building 
fund. 



Board may 

remove 

depositary. 



of all such text-books furnished to the depositaries in the 
manner hereinbefore prescribed, and shall within sixty 
days from the date of any invoice or bill of text-books 
supplied by the publishers thereof to any depositary in 
the district in the manner prescribed in the preceding 
section, cause an order to be issued in favor of such 
publisher, payable out of the building fund of the dis- 
trict, and cause such order to be forwarded by mail t,o 
such publishers. On presentation of such order to him 
the sheriff shall pay the amount thereof to the party 
entitled to receive the same, if there be in his hands suf- 
ficient funds due the building fund of said district; but 
if the sheriff have not sufficient of such funds to pay 
the same, he shall endorse on the back thereof the 
words " Presented for payment," with the date of such 
presentation and said order shall draw interest from 
that date. 

If the Sheriff shall fail or refuse to pay such order 
when he has funds in his hands, or should by law have 
the same, with which to do so, he shall be liable as pro- 
vided in section forty-six of chapter fortv-five of the 
Code. 

XV. The board of education shall pay the cost of such 
books and the amount of charges for transportation out 
of the building fund of the district, and shall lay an 
annual levy for the same upon the taxable property of 
the district in the manner and at the time that other 
levies are laid for said fund, and if at any time any 
scholar or scholars should remove from the county into 
another county in which a different book, or series of 
books, or different books have been adopted, the board 
of education of any district are authorized to purchase 
from such scholar or scholars with money from the 
building fund and at a fair valuation, such book or 
books or series of books as may not be adopted in the 
county to which they may remove: Provided, That the 
provisions of this section shall not apply to districts in 
which no depositary shall be appointed. 

XVI. The board of education may remove any deposi- 
tary in his district at any time, and appoint another in 
his stead; may require him to execute a new bond, or 
additional bond, whenever in their opinion they shall 
deem it necessary, and may cause to be made at any time 
an invoice of the text-books in the possession of any such 
depositary. It shall be the duty of every depositary 
whenever the board of education shall order, to turn 
over to his successor or such other person as the said 
board may name, all text-books in his possession. 



School Law of West Virginia 71 

XVII. Every depositary shall receive from any resi- Book8in 
dent of his district copies of the books that may at any exchange, 
time be superseded by adoption of other books in their 
stead, at the contracted exchange allowance of such super- 
seded books, to be applied on payment of adopted 
books. Each depositary shall turn over sucn superseded 
books to the board of education at such times as the 
board may direct, and shall receive credit on his account 
for the value thereof. Such superseded books shall be 
held by the board of education subject to the orders of 
the publishers thereof, for a period of not longer than 
three months. 

XVIII. If any teacher in a primary or graded school j^gg 1 "' 
of the free school system oi this State use, or cause to 
be used in such primary or graded school, any text- 
books not authorized in place of an authorized book, 
then the county superintendent shall apply to the board 
of education for an order signed by said board, directed 
to such teacher, requiring the use of such unauthorized 
text-book to be discontinued; and if any teacher shall 
disobey any such order issued by said board of educa- 
tion, such teacher shall forfeit the sum of fen dollars for 
each such offense, and it shall be the duty oi the board 

of education of the district where said teacher is em- 
ployed to retain that amount out of the salary of said 
teacher, which amount so forfeited shall be paid into the 
teachers' fund of such district. 

XIX. Any publisher, school officer, depositary, Misdemeanor, 
dealer, teacher or other person, violating the provisions 
of this act, shall be guilty of a misdemeanor, and, on 
conviction thereof, shall be fined for each offense not less 
than five nor more than fifty dollars. 

XX. Nothing contained in this act shall be construed Acts repealed, 
as changing or modifying the contracts heretofore made 
with publishers of text-books under authority of chap- 
ter thirty-seven of the Acts of one thousand eight hun- 
dred and ninety-five ; and all acts, or parts of acts, com- 
ing within the purview of this act and inconsistent there- 
with, are hereby repealed. 

(58b Passed Feb. 27. 190.°..) 

I. The boards of education throughout the State Free text 
may, out of the building funds of their district, purchase books 
the necessary prescribed text-books to be used "By the 
pupils of the several schools therein under their control. 

II. In any district where the board of education de- Books to be 
termines to purchase and furnish to the pupils of their JjJP* SJbSJJJ 
schools such free text books, thev shall enter an order 



School Law of West Virginia 



Secretary to 
deliver books 
to teachers. 



Teachers to 
exercise gen- 
eral control 
over books 
during term. 



Pupils to re- 
place books 
unnecessarily 
destroyed. 



Secretary' 
remunera- 
tion. 



Fines for 
violations. 



upon their records to that effect and shall cause said 
books to be kept in charge by the secretary of such board 
and furnished to the school children of their district as 
hereinafter provided. 

III. At the commencement of every term of school in 
such district the secretary shall deliver to the teachers of 
the several schools of the district such books as may be 
necessary for the use of the several pupils therein for the 
ensuing term of school and take from them a receipt .show- 
ing the number and kind of books so received. It shall 
be the duty of such teachers to take charge of such books 
and to distribute the same among the several pupils of 
their schools as they may from time to time need the same, 
and said teachers shall have and exercise general control 
of said books during such term and at the close thereof 
shall collect and gather together all the books so used 
during the- term and deliver the same to the secretary of 
the board of education. Provided that if any of the 
books so delivered to any pupils of such district shall be 
unnecessarily injured or destroyed, the same shall be re- 
placed by the pupils who so injured or destroyed them. 

IV. All such books shall be purchased by the board 
of education directly from the publishers contracted wi!h 
as prescribed by law and at the net contract price, Pro- 
vided, That such text books as are now in the possession 
of pupils shall be used by them so long as they p'e suit- 
able for such use. 

V. The secretary for his services in this matter shall 
receive a compensation in addition to his salary as such 
secretary a sum not exceeding fifty dollars ($50.00) per 
year. 

59. If any officer or teacher, fail to perform any duty 
required of him by this chapter, or violate any provis- 
ion thereof, and there is no other fine or punishment 
imposed therefor, by law, he shall be fined not less than 
three, nor more than ten dollars, for every such offense, 
to be recovered before a justice of the peace of the 
county; and such fine shall not impair or affect his lia- 
bility for damages to any person injured, nor the lia- 
bility of himself and sureties on his official bond. If the 
board of education of any district or independent school 
district, fail to perform any duty required by this act, 
each member of such board shall be liable to the full 
penalty imposed by this section, unless he show that he 
was not guilty of any neglect or default in the premises. 

60. For the support of free schools, there shall 15e a 
state tax levied, annually, of ten cents on the one hun- 
dred dollars ' valuation on all the real and personal prop- 



School Law of West Virginia 73 

erty of the State, which together with the interest of 
the invested school fund, the net proceeds of all forfeit- state school 
tires, confiscations and tines which accrued to the State 
during the previous year, the proceeds of the annual 
capitation tax, dividends on bank stock held by the 
board of the school fund, and the interest accruing on 
stocks invested in United States bonds, shall be set apart 
as a separate fund to be called "the general school 
fund," and shall be annually applied to the support of 
free schools throughout the State, and to no other pur- 
pose whatever. It shall be distributed to the several 
counties in the State in proportion to the number of school 1 
youth therein, according to the latest enumeration made Fund - 
for school purposes; but the Auditor shall first deduct 
therefrom, the aggregate salary of the State Superin- 
tendent of Free Schools, and the necessary traveling 
and contingent expenses of his office, together with such 
other sums as may be required to be paid by him out of 
the general school fund. Fifty per cent, of this dis- 
tributable sum shall be paid on the fifteenth day of Sep- ^ t e r n lbuted , 
tember, and the remainder on the fifteenth day of De- 
cember, of each year, and in the manner provided in the ■ 
sixty-first 1 section of this chapter. 

61. It shall be the duty of the Auditor, on or before ASdito?'and 
the tenth day of June, in each year, to ascertain the state super- 

,.!,.,. .. , -. _ , intendent in 

amount which is distributable among the several coun- distributing 
ties as aforesaid, and notify the State' Superintendent of fund? sch ° o1 
Free Schools thereof, who shall thereupon ascertain the 
proper share of each county and notify the Auditor and 
each county superintendent, also, the amount deducted 
by the Auditor from the share of his county on account 
of salary paid the county superintendent, as required by 
section fifty-four, which amount the county superintend- 
ent shall also deduct from the share of His county before 
making his distribution of the same among the several 
districts thereof. 

Upon receiving such notice, the county superintend- County Su- 
ent shall ascertain the proper share of each district, and to'apportfon 
independent school district, of his county, according to §£tri& 8< 
the number of youths therein, and give notice to the 
board of education of each district, and independent 
school district, in the county, of the amount of the 
general school fund due each, respectively, and that the 
same cannot be drawn by them until they have made the 
levy required by the fortieth section of this chapter. 

62. Upon being officially notified by the secretary of 
the board of e'ducation, in the manner provided for in 
the forty-fourth section of this chapter, thai the board 



74 



School Law of West Virginia 



Requisition 
on Auditor. 



of education has authorized the levy ?or school purposes, 
the county superintendent shall issue his requisition on 
the Auditor, payable to the order of the sheriff of his 
county for the amounts due such districts as may have 
made the levy aforesaid, which shall be paid in two 
equal installments, payable on the fifteenth days of 
September and December, respectively; whereupon the 
Auditor shall issue his warrant upon the Treasurer in 
favor of the sheriff for the amount of such requisition, 
indicating in writing upon said warrant the depositary 
upon which the same shall be drawn; and the Treasurer 
shall thereupon be authorized and required to draw his 
check upon the said depositary for the said amount. 

The requisition of the county superintendent shall be 
in form or in substance as follows: 



Form of OFFICE OF THE COUNTY SUPERINTENDENT OF FREE 

requisition. ~ 

Schools, 



County of , the 



day of , 18—. 



State Super- 
intendent. 



Auditor of West Virginia: 

Pay to the order of , sheriff of 

county, dollars, the amount of State school 

fund apportioned to the district (or independent school 
district) of , in said county for the year 18 — . 

And I hereby certify that said district (or independ- 
ent school district), has made the levy required by law, 
for school purposes, and that said sheriff has given the 
bond required by law. 

A B , County Superintendent of 

Schools. 

CXXI. Sections 42 and 61 prohibit any district or independent 
school district from receiving its proportion of the State school fund, 
until it has laid the local levy required by section 40. County suner- 
intendents should inform the Auo.ii.or if a district votes down the levy 
that he may act in compliance with section 42. 

63. There shall be elected a State Superintendent of 
Free Schools for the State, whose term of office shall be 
the same as that of the Governor. He shall be a person 
of good moral character, of temperate habits, of literary 
acquirements, and skill and experience in the art of 
teaching. He shall receive annually the sum of one 
thousand five hundred dollars in payment for his ser- 
vices, to be paid monthly out of the school fund upon the 
warrant of the Auditor. If in the performance of any 
duty imposed upon him by the Legislature, he shall in- 
cur any expenses, he shall be reimbursed therefor. 
Provided, The amount does not exceed five hundred dol- 
lars in any one year. 



School Law of West Virginia 75 

64. The State Superintendent shall reside and keep state Super . 
his office at the seat of government. He shall provide intended. 

a seal for his office, and copies of his acts and decisions, 
and of papers kept in his office, authenticated by his 
signature and official seal shall be. evidence equally with 
the original. He shall sign all requisitions on the Audi- 
tor for payment of money out of the State treasury 
for school purposes, except as hereinafter provided. 

65. The State Superintendent shall be charged with i^f s ° £ per _ 
the supervision of all county superintendents and free intendeat. 
schools of the State, and see that the school system is , 
carried into effect. He shall prepare and transmit to 

the county superintendents instructions how to conduct 
the elections prescribed in this chapter, to keep and 
transmit the official records and ballots tnereof, and the 
manner of ascertaining and announcing the results, so 
as to conform the same to the provisions of this chapter, 
and also to such provisions of the general election laws 
of the State as may not be inconsistent therewith; he 
shall prescribe and cause to be prepared all forms and 
blanks necessary in the details of the system, so as to 
secure its uniform operation throughout the State, and 
shall cause the same to be forwarded to the several 
county superintendents, to He by them distributed to the 
persons entitled to the same. He shall cause as many 
copies of this chapter and other school laws in force with 
such forms, regulations and instructions as lie may judge 
expedient, thereto annexed, to be from time to time 
published, as he may deem expedient, and shall cause 
the same to be forwarded to the county superintendents, 
to be by them distributed to the persons entitled to re- 
ceive them. 

66. It shall be the duty of the State Superintendent g t u a *jj 8 s ^ er _ 
to aim at perfecting the system of free schools as estab- inteadeot. 
lished in the State: and for this purpose it shall be his 

duty to correspond with educators and school officers 
abroad, to acquaint himself with the various systems of 
free schools established in other states and countries, 
collate the results as exhibited in the reports of their sev- 
eral superintendents, and to use all eriorts necessary to 
enable him to render available the combined results of 
the experience of other communities with his own expe- 
rience and observation. 

He shall acquaint himself intimately with the peculiar 
educational wants of each section of the State, and shall 
take all proper means to supply them, so that the 
schools shall be as nearly as possible equal and uniform 
in grade throughout the State. He shall acquaint him- 



76 



School Law of West Virginia 



Report of 
State Super- 
intendent. 



Auditor to 
report condi- 
tion of 
school fund. 



Board of 
school fund. 



self with the different systems and methods of instruc- 
tion which may be introduced among educators, and 
shall explain and recommend such as experience and 
sound principles of education may have demonstrated to 
be valuable ; and it shall be his duty to endeavor to ren- 
der available to the people of this State all such im- 
provements in the system of free schools and the meth- 
ods of instruction, as may have been tested and proven 
by the experience of other communities. 

67. He shall, on or before the first day of January, 
of each year, make a report to the Governor, to be by 
him transmitted to the next regular session of the Leg- 
islature, in regard to the condition of free schools within 
the State, embracing all statistics compiled from the 
reports of the county superintendents, and such other 
authentic information as he can procure, which will be 
necessary to give a proper exhibit of the working of 
the system together with such plans as he may have 
matured for the management and improvement of the 
school fund, and for the better and more perfect organ- 
ization and efficiency of free schools; and, likewise, all 
such matters in relation to his office and to free schools, 
as he may deem expedient to communicate. 

68. The Auditor shall annually, before the first day 
of September, deliver to the Governor and the State 
Superintendent of Free Schools, each, a report made up 
to the first day of July next preceding, of the condi- 
tion of "the school fund," with an abstract of the ac- 
counts thereof in his office, which report the Governor 
shall lay before the legislature at its next regular ses- 
sion. 

CXXII. Chapter 29. section 67, Code, requires the Auditor to 
certify to each county superintendent the amount of railroad levies, 
due to each district and independent district. See said section. 

69. The Governor, State Superintendent of Free 
Schools, Auditor and Treasurer, shall be a corporation, 
under the name of "the board of the school fund,'* and 
shall have the management, control and investment of 
said fund, under the fourth section of the twelfth arti- 
cle of the constitution. The Governor shall be presi- 
dent of the board, and in his absence the board may 
choose one of their number to preside temporarily in 
his place. The Auditor shall be the secretary of the 
board. A faithful record shall be kept of all the pro- 
ceedings, and a copy thereof, certified by the secretary 
of the board, shall be evidence in all cases in which the 
original would be. A majority of the board shall con- 
stitute a quorum for the transaction of business. 



School Law of West Virginia 77 

70. A meeting of the board may be held at any time, Meetinss 
upon the call of any member thereof, provided notice 

be given to all members who may be at the seat of gov- 
ernment. The Auditor's office shall be the place of 
meeting, and the proceedings shall be signed by the 
presfdent and secretary of the meeting 1 for that day, and 
shall be open to inspection at all times. 

71. . All the money which ought to be paid into the Money a 
treasury to the credit of "the school fund" shall be re- recoverable, 
ooverable with interest by action or motion in the name 

of said board, before any court having jurisdiction, and 
the Attorney-General shall institute and prosecute such 
action or motion when so directed by the board. 

72. The board may appoint agents for the collection B d 
of debts or claims, and authorize them to secure pay- appoint 
ment thereof, and to protect the interests of the school agents - 
fund, on such terms as it may approve. They shall 

take bond from said agent, if any money is to come 
into his hands; and any agent selling lands, when di- 
rected to do so by the board, shall execute a deed, (with 
the resolution giving such directions thereto annexed) , 
conveying to the purchaser by special warranty. Said 
agent may be allowed by the board a compensation not 
exceeding, in any case, five per cent, on the money paid 
into the treasury. 

73. All such sums as have accrued or shall hereafter F^?^^*,. 

r* r <• i t school fund; 

accrue to this State, from the several sources enumer- how invested, 
ated in the fourth section of the twelfth article of the 
Constiufion, shall be set apart as a separate fund to be 
called "the school fund," and it shall be the duty of the 
Auditor to ascertain from time to time what sums have 
so accrued or may hereafter accrue, and to pass the 
same to the credit of the said school fund ; and it shall be 
the duty of the board of the school fund, from time to 
time, to invest the same in the interest bearing securi- 
ties of the United States, or of this State, or otherwise, 
provided for in said fourth section of the twelfth article 
of the Constitution. And it shall be the duty of the 
said board to sell any investments on account of the 
school fund now marie in other securities, than those 
required in said fourth section of the twelfth article of 
the Constiution, and invest the proceeds thereof in the 
interest bearing securities of the United States, or of 
this State, or otherwise, as provided in the Constitution 
aforesaid. 

(73a. I. All stock owned by the State of West Vir-Certaia 
ginia, standing in the name of the Commonwealth qf SKSefto "** 
Virginia, the State Internal Improvement Fund, or the wh,,,)l f,in,L 



78 School Law of West Virginia 

Board of the Literary Fund, or in any other name, in 
the National Bank of "West Virginia, at Wheeling, the 
Parkersburg National Bank, the First National Bank of 
Wellsburg, the First National Bank of Fairmont, the 
National Exchange Bank of Weston, and all the interest 
owned by the State, standing in the name of the Com- 
monwealth of Virginia, or in the name of either of said 
funds, or in the name of the State of West Virginia, or 
in any other name, in the North Western Bank of Vir- 
ginia and its branches, and in the branches of the Ex- 
change Bank of Virginia at Weston; and all dividends 
and accrued interest on all such stock, is hereby trans- 
ferred to and shall henceforth be held and treated as a 
part of the school fund of the State, subject to the con- 
trol of the board of the school fund; and the annual in- 
terest or profits thereof (but no part of the principal), 
shall be passed to and become a part of the fund for 
annual distribution among the several counties of the 
State.) 

Auditor snail 74. The Auditor shall be the accountant of the board, 
ant CCOUBt exercising any of their powers, except that he shall not, 
without special authority, entered upon the records of 
their proceedings, dispose of any property or invest any 
money of the school fund. He shall place the securities 
in which said school fund is invested in such depository 
for safe keeping, as the board shall direct. All money 
belonging to "the school fund" shall be received into 
and paid out of the treasury upon the warrant of the 
Auditor. But no warrant for paying out such, money 
shall be issued without the authority of the board, 
city oi 75. Nothing in this chapter shall alter or affect the 

wheeling. } aws now j n f orce respecting the free schools in the city 
of Wheeling, and the parts of districts connected there- 
. with ; nor shall anything in this chapter be constructed as 
abolishing any independent school district heretofore 
created, or as affecting any right or privilege conferred" 
upon them, respectively, in the acts of the Legislature 
by which they have been created; except so far as such 
right or privilege may be inconsistent with the provis- 
ions of this chapter in which independent school districts 
are especially included. In the independent school dis- 
trict of Wheeling none hu j practical educators who shall 
have had at least three years of practice as teachers in 
graded schools, shall be eligible to the ofiice of superin- 
tendent. 

CXXIII. Independent school districts are those created by special 
act of the Legislature and are governed by the laws laid down in the 
acts creating them. On points where these acts are silent the general 
Jaw applies. 



School Law of West Virginia 79 

west virginia university 

76. ' ' The Agricultural College of West Virginia, * ' Agricultural 
located and established at Morgantown, in the county westf frginia. 
of Monongalia, in pursuance to the act passed February 
seventh, one thousand eight hundred and sixty-seven, 

entitled "An act for the regulation of the West Vir- 
ginia Agricultural College," shall be and remain as so 
established and located; and all the provisions of said 
act, except so far as the same may be altered by this 
chapter, shall remain in full force and effect to the same 
extent as if this chapter as amended had not been 
passed. 

77. The name of said college shall hereafter be ' ' The west Virginia 
West Virginia University, ' ' by which name it shall have 

and hold all the property, funds, investments, rights, . 
powers and privileges, now had and held under the 
name prescribed in the above recited act. 

78. For the government and control of said university Board of 
there shall be a board of regents consisting of nine per- re s eBts - 
sons, to be called "The regents of the West Virginia 
University. ' ' As such board they may sue "and be sued, 

and have a common seal. The said board shall have the 
custody and control of the property and funds of said 
university, except as otherwise provided by law. They 
shall have the power to accept from any person or persons 
any gift, grant or devise of money, land or other prop- 
erty intended for the use of the university, and shall, 
by such acceptance, be trustees of the funds and property 
which may come into the possession or under the control 
of said board by such gift, grant or devise, and shall 
invest and hold such funds and property, and apply the 
proceeds and property in such manner as the donor may 
prescribe by the terms of his gift, grant or devise. A 
majority of said regents shall constitute a quorum for the 
transaction of business, except that for making arrange- 
ments for the erection of buildings or the permanent 
alteration thereof, or the appointment to, or removal from 
office of professors, or fixing their compensation or chang- 
ing any rule or regulations adopted by a majority of the 
board, in which case all of the regents shall be notified in 
writing by the secretary of the board, of the meeting place 
and object of the meeting proposed to be held for any 
of the purposes excepted in this section ; and the confer- 
ence of a majority of the regents shall be required. Said 
board of regents shall consist of nine members who shall 
be residents and voters of the State. The governor shall, 
on or before the fifteenth day of March, in the year nine- 



80 School Law of West Virginia 

teen hundred and one, or as soon thereafter as convenient, 
appoint said nine regents, who shall be divided into two 
classes, consisting of four and five regents respectively. 
The term of office of both classes shall begin on the first 
day of May, nineteen hundred and one; and the term 
of office of the first class shall continue for two years and 
until their successors are appointed and qualified, and the 
term of the second class shall continue for four years and 
until their successors are appointed and qualified; and 
thereafter the term of office of each class shall be for 
four years and until their successors are appointed and 
qualified. ' Any person appointed a regent during the 
recess of the Senate shall serve as such until the next 
meeting of the Senate. The governor may by appoint- 
ment fill any vacancy occuring in the board for the un- 
expired term. Not more than six of said regents shall be- 
long to the same political party, and not more than one 
shall be appointed from the same senatorial district or 
county. The term of office of the regents now in office 
shall expire on the thirtieth day of April, nineteen hun- 
dred and one. 

Courses of 

etudy. 79. The board of regents shall from time to time 

establish such departments of education in literature, 
science, art, agriculture and military tactics as they may 
deem expedient, and as the funds under their control 
may warrant, and purchase such materials, implements 
and apparatus, as may be requisite to proper instruction 
in all said branches of learning, so as to carry out the 
spirit of the act of Congress aforesaid, approved July 
second, one thousand eight hundred and sixty- two. 

Rules nd ^' ^ e sa *^ Doar ^ sna ^ establish and declare such' 

regulations, rules and regulations and by-laws not inconsistent with 
the laws of this State, or the United States, as they may 
deem necessary for the proper organization, the tuition 
of students and good government of said University and 
the protection of public property belonging thereto. 
They shall appoint a superintendent of the buildings and 
grounds, a secretary for said board and also a treasurer, 
who shall be members of the faculty of the University, 
officers of the and shall not receive any compensation for services as 
University. sue ] 1 superintendent, secretary and treasurer. No salary 
shall be gaid to the secretary of the executive committee. 
From the said treasurer they shall take a bond with 
ample security, and conditioned according to law, for 
the faithful keeping and disbursing such money as is 
herein, or may be hereafter appropriated, and such other 
money as may be allowed by said board to come into 
his hands from time to time; they shall also settle with 






School Law of West Virginia 81 

him annually or oftener if they think best; inspect 
annually all the property belonging to said University 
and make a full report of the condition, income, expen- 
ditures and management o± said University, annually, 
to the Governor ; to be by him laid before, the Legisla- 
ture. 

81. The board shall have power to create a prepara- Preparatory 
tory department to- said University, and establish any epai 
other professorships than those indicated Heretofore, if 

the same be deemed essential; to fix the salaries of the 
several professors,and to remove them for good cause, 
but in case of removal the concurrence of a majority of 
the regents shall be required, and the reasons for a re- 
moval shall be communicated in a written statement to 
the Governor. 

82. Besides prescribing the general terms upon which cadets; 
students may be admitted, and the course of instruction, o P . P ° 
the regents are still further empowered to admit as regu- 
lar students of the University, not more than two hun- 
dred and twenty-five cadets in the military department. 
Each member of the Senate shall be entitled to appoint 

one cadet from his 'district, on or before the first day of 
June in the second year of his term, and one cadet on or 
before the first day of June in the fourth year of his 
term. Each member of the House of Delegates shall be 
entitled to appoint one cadet from his county on or before 
the first day of June next preceding the end of his term. 
In case a cadetship filled by appointment by any member 
of the Legislature shall become vacant, the member mak- 
ing the appointment, or his successor, shall fill the same 
by a new appointment within the limits of time afore- 
said. But no Senator or Delegate shall appoint any cadet 
until he receives a certificate from the President of the 
University, or the commandant of cadets, giving him no- 
tice of his right to do so; and he shall not have the right 
to exercise such power of appointment as long as two 
cadets are accredited to himself and his predecessor, 
either by original appointment or by re-enlistment. All 
other cadets necessary to make up the full complement of 
the corps shall be appointed by the regents, in propor- 
tion to their number, including vacancies, if any, caused 
by the failure of any member of the Legislature to make 
his appointment. Cadets shall not be under sixteen years 
of age, and shall not be over twenty-one years of age. 
Their appointment shall be made upon undoubted evi- 
dence of good moral character and sound physical condi- 
tion. Their term of enlistment of service shall be two 
years, but any cadet, at the expiration of his first term, 



82 



School Law of West Virginia 



Cadets have 
free books, 



Expenses of 

regents. 



Graduation. 



Investment of 
land fund. 



shall be entitled to re-enlist for the further term of two 
years, upon giving notice of his intention to the com- 
mandant of cadets at least thirty days before the expi- 
ration of such term. But not more than fifteen cadets 
shall be appointed from any Senatorial district, and not 
more than eight from any one county. 

83. The cadets admitted under the provisions of the 
preceding section shall be entitled to all the privileges, 
immunities, educational advantages, and benefits of the 
University, free of charge for admission, tuition, books 
and stationery, and shall constitute the public guard of 
the University, and of the public property belonging 
thereto ; and of the ordinance and ordinance stores, and 
camp and garrison equipage, of which a sufficient supply 
shall be kept in the arsenal belonging to the institution. 
And the professors and the students of the University 
receiving instruction in 'military tactics and the art of 
war, shall be individually and collectively responsible 
for the preservation and safe-keeping of all arms and 
camp equippage belonging to said institution. 

84. All reasonable expenses incurred by said regents 
in discharging the duties hereby imposed upon them 
(not, however, including wages or per diem compensa- 
tion) shall be allowed by the Governor and paid out of 
the treasury of the State, in like manner as other sums 
are drawn therefrom: Provided, hoivever. That such 
expenditure shall not exceed five hundred dollars per 
annum. 

85. The president, board of regents and faculty may 
graduate any student of the university found (after 
proper examination) duly qualified, and shall certify 
the same by affixing the seal of the University to his 
diploma. 

86. The funds derived from the sale of United States 
land warrants which have been donated to this State for 
the purpose of endowing an agricultural college, shall 
be invested by the Governor in a loan of public stock 
of the United States, or otherwise, as required by Con- 
gress, for 'the use and benefit of the said University. 



AGRICULTURAL EXPERIMENT STATION 



Agricultural 
Experiment 
Station. 



[86a. Whereas, The Congress of the United States 
has in its wisdom seen fit to appropriate the sum of fif- 
teen thousand dollars annually for the establishment and 
maintenance of an agricultural experiment station in this 
State, to aid in acquiring and diffusing among the people 
useful and practical information on the subjects con- 



School Law of West Virginia 83 

nected with agriculture, and to promote scientific inves- 
tigation and experiment respecting the principles and 
applications of agricultural science, to be established in 
connection with and under the direction of the college 
of this State, establishing in accordance with the provis- 
ions of an act approved July 2, 1862, entitled, "An act 
donating public lands to the several States and Terri- 
tories which may provide colleges for the benefit of ag- 
ricultural and the mechanical arts," and, 

Whereas, The West Virginia University by an act 
of the Legislature of West Virginia, entitled, "An act, 
for the regulation of the West Virginia Agricultural 
College," passed February 7, 1867, and other acts of the 
Legislature amendatory, thereof, is the institution of 
this State receiving the benefits of the above mentioned 
land grant fund; and, 

Whereas, In accordance with the provisions of sec- 
tion 9 of aforementioned act of Congress establishing 
said experiment stations, the Governor of West Virginia 
has accepted for the West Virginia University the con- 
gressional appropriation for the establishment of an 
agricultural experiment station, and 

Whereas, The board of regents of the West Virginia 
University, in accordance with section 1, of the afore- 
named congressional act, approved March 2, 1887, has 
established a department in the West Virginia Uni- 
versity, known as "the West Virginia Agricultural 
Experiment Station," which is now in full working 
order and issuing regular bulletins for the diffusion of 
information among the people of the State, as required 
by law; and which is now well and thoroughly equip- 
ped with chemical laboratories, apparatus and ma- 
chinery, and has a staff of scientific men employed and 
carrying on the work contemplated in the congressional 
act, therefore, 

Be it enacted by the Legislature of West Virginia: 

I. That the State of West Virginia hereby assentslo So\ l 4rn a men P t t9 
and accepts from the government of the United States grants. 

the grants of money authorized by said act of congress, 
and assents to the purposes of said grants. 

II. The bulletins and annual reports required to be Bulletins, 
published under section four of said act, shall be 

printed at the expense of the State, by the State printer, , 

in such editions or numbers as the mailing list of the ex- 
periment station shall indicate as being required, and 
shall be distributed by the station free of all charge to 
farmers and other citizens of the State desiring the same. 



84 



School Law of West Virginia 



Board of 
regents. 



State Normal Schools 

87. The "West Virginia State Normal School," es- 
tablished under and by virtue of an act passed February 

Bchooi normal twenty-seventh, one thousand eight hundred and sixty- 
seven, entitled "An Act for the establishment of a State 
Normal School," shall be and remain at Marshall Col- 
lege, in the County of Cabell, as provided in said act, and 
all the provisions of said act, and all other acts in re- 
lation thereto, shall be and remain in full force, except 
so far as the same may be altered by this chapter. For 
the government and control of said school and its branch- 
es, there shall be a board of regents, consisting of the 
State Superintendent of Free Schools, together with six 
other persons, to be appointed, by the governor as here- 
inafter provided, who shall be called the ' ' Regents of the 
State Normal School," and as such may have a common 
seal, sue and be sued, plead and be impleaded, contract 
and be contracted with, and take, hold and possess real 
and personal estate for the use of said school. The transfer 
and conveyance by the board of supervisors of Cabell 
County of lands and building of Marshall College and of 
the real estate heretofore conveyed by the Central Land 
Company of West- Virginia to the regents of said school 
heretofore appointed, is hereby accepted, confirmed and 
legalized. But in case the said school should at any time 
hereafter be removed from the said Marshall College, 
the said property so conveyed shall revert to and be vest- 
ed in the county court for the use of the said county of 
Cabell. The said six regents shall be appointed by the 
governor, between the fifteenth day of March and the fif- 
teenth day of April in the year nineteen hundred and one, 
whose term of office shall begin on the first day of June 
next following their appointment, and continue for four 
years and until their successors are appointed and quali- 
fied; except that the board appointed in the said year 
1901, three shall be for the term of two years and three 
for the term of four years. Not more than two of the re- 
gents of each of said two classes shall belong to the sanre 
political party. A vacancy occuring in the board shall 
be filled by appointment by the governor for the unex- 
pired term. The term of office of the regents now in 
office shall expire, on the thirty-first day of May, nineteen 
hundred and one. 

88. The said school shall be under the general super- 
vision and control of the said regents. They shall have 
full power and authority to adopt and establish such by- 
laws, rules and regulations for its government as they 
may deem necessary and proper, to effect the object of 
its establishment, not inconsistent with the laws of this 



Rules and 
regulations. 



School Law of West Virginia 85 

State. They shall fix the number and compensation of 
the teachers, and others to be employed therein, and 
appoint and remove the same; prescribe the preliminary- 
examination of pupils, and the terms and conditions on 
which they shall be received and instructed in said 
school : Provided, That all pupils admitted free of tui- 
tion to any one school, shall not exceed in number the 
whole number appointed to such county for admission Number of 
to all normal schools of the State ; the branches of learn- pupp- 
ing to be taught in each department thereof; and shall 
determine the number of pupils to be received in the 
normal department of said school form each county or 
."judicial circuit of this State, conforming as nearly as 
possible to the ratio of population therein, and the mode 
of selecting them. The pupils admitted into the normal 
department of said school shall be admitted to all the 
privileges thereof, free from all. charges of tuition, or 
for use of books or apparatus : thai every such pupil 
shall pay for all books lost by him or any damage done 
by him to such books or apparatus: and any pupil in 
said school may be dismissed therefrom by said regents, 
or by the executive committee, subject to the approval 
of the regents, for immoral or disorderly conduct, or 
for nesrlect or inability to perform his duty. The 
State Superintendet of Free Schools shall prepare suit- 
able diplomas to be - granted to the students of the 
normal department of said school who have completed ip ° 
the course of study and discipline prescribed by said 
regents. The said resents may establish a pay depart- 
ment in said school whenever the accommodations there- 
of will admit of the same, and may admit into such de- 
partment so many paying students as can be accommo- 
dated therein from this or any other State, whether they 
desire to become teachers of schools or not. 

They may cause to be tausht in the said department 
of said school, all or any of the branches of learning 
usually taught in colleges and seminaries, and for that 
purpose may establish therein the necessary professor- 
ships. 

They may also make all the necessary rules and regu- Tuition, etc. 
lations for the government of said department and pres- 
cribe the tuition and the terms of admission therein. 
The said school shall continuo to be called and known 
by the name of "Marshall College." 

CXXTV. Tt i« t]<<> practice t<> -iiinw nersons attending any of the 

State Normal Schools, under appointment, to teach one term of sr-'iool 
each year if desired, and yet hold the appointment. The same rule 
is held to be g:ood in rase of colored teachers attending the West Vir- 
ginia Colored Institute. 



8C 



School Law of West Virginia 



CXXV. Clearly under section 88 of the school law, two depart- 
ments are contemplated. One known as the normal department, and 
the other as the pay or academic department. It is intended that in 
the latter department, persons are admitted who do not desire to take 
the normal course, or if they have taken the normal course, who de- 
sire to pursue a higher grade of studies. I see nothing to prevent 
those who have taken the normal course, and have graduated from re- 
viewing the studies contained in the normal course, free of charge. 

The purpose of the normal course is to prepare teachers, and a re- 
viewing of that course would be to make the teachers more perfect. — 
T. S. Riley, Attorney-General. 



Executive 
Committee. 



Fairmont 
branch. 



West Liberty 
branch. 



Glenville 
branch. 



89. The said regents shall appoint three intelligent 
and discreet persons, residents of the county of Cabell, 
who shall constitute an executive committee for the care 
and immediate management and control of said school, 
subject to the rules and regulations prescribed by the 
regents. Said committee shall (subject to the control 
of said regents), designate the person to take charge of 
the boarding department of said school, and fix the 
price to be paid for board therein. They shall from 
time to time make full and detailed reports to said re- 
gents of the condition, working and prospects of said 
school, and shall perform such other duties in relation 
thereto as the said regents may from time to time pre- 
scribe. 

90. The branch of the state normal school established 
at Fairmont, under and in pursuance of the act passed 
March fourth, one thousand eight hundred and sixty- 
eight, entitled, "An act providing for the purchase of 
the West Virginia Normal School at Fairmont, ' ' shall be 
and remain at that place, and all provisions ot said act 
shall remain in full force, except so far as the same may 
be altered by this chapter. Said school shall be under 
the jurisdiction and control of the regents of the State 
normal school, in the same manner and to the same ex- 
tent as the State normal school at Marshall College. 

91. The branch of the state normal school established 
at West Liberty, under and in pursuance of the act 
passed March first, one thousand eight hundred and 
seventy, entitled "An act to establish a branch normal 
school at West Liberty, in Ohio county," shall be and 
remain at that place, and all the provisions of said act 
shall remain in full force, except so far as the same may 
be altered by this chapter. Said school shall be under 
the jurisdiction and control of the regents of the state- 
normal school, in the same manner and to the same ex- 
tent as the state normal school at Marshall College. 

92. The branch of the State normal school established 
at Glenville, under and in pursuance of the act passed 
the nineteenth day of February, one thousand eight 
hundred and seventy-two, entitled "an act to establish a 
branch normal school at Glenville, Gilmer county," 



School Law of West Virginia 87 

shall be and remain at that place, and all the provisions 
of said act shall remain in full force, except so far as the 
same may be altered by this chapter. Said school shall 
be under the jurisdiction and control of the regents of 
the State normal school in the same manner and to the 
same extent as the State normal school at Marshall Col- 
lege. 

93. The branch of the State normal school established S he P herds- 
at Shepherdstown, under and in pursuance of the act town branch 
passed and approved February fourteenth, one thous- 
and eight hundred and seventy-two. entitled "an act to 
establish a branch normal school at Shepherdstown, in 

the county of Jeffereson, ' ' shall.be and remain at that 
place, and all the provisions of said act shall remain in 
full force, except so far as the same may be altered by 
this chapter. Said school shall be under the jurisdiction 
and control of the regents of the State normal school, in 
the same manner and to the same extent as the State 
normal school at Marshall College. 

94. The branch of the State normal school at *Con- Concord 
cord, in Mercer county, established by the act passed branch, 
the twenty-eighth day of February, one thousand eight 
hundred and seventy-two, entitled "an act to locate a 
branch State normal school at Concord, in the county of 
Mercer, shall be and remain at that place, and all the 
provisions of said act shall remain in full force, except 

so far as the same may be altered by this chapter. Said 
school shall be under the jurisdiction and control of the 
regents of the State normal school in the same manner 
and to the same extent as the State normal school at 
Marshall College. 

95. The principals of the State Normal School and its J^^p* 1 ' 8 
branches shall make, at the close of each term thereof, 

to the president of the board of regents, in addition to 
the annual reports required of them, a report, under 
oath, of the number of non-paying normal school pupils 
and the number of paying pupils in the several depart- 
ments of the school in actual monthly attendance during 
said term. 

96. The president of the board of regents of the State 
Normal School and its branches, upon receipt of the 
reports reqmred in the ninety-fifth section of this chap- 
ter, shall furnish the Auditor of the State with the num- 
ber of the non-paying Normal pupils in actual monthly 
attendance in each of the said Normal Schools, and the 
number of months of actual attendance, upon the roceipt 
of which report, and upon the requisition of the pn 

*Tho name of the postoffire has boon changed t<> Athens. 



88 



Appropria- 
tion. 



Colored 
teachers. 



Unearned ap- 
propriation. 



School Law of West Virginia 

dent of the board of regents, the said Auditor shall issue 
to the executive committee of each of said schools, war- 
rants upon the treasury of the State for the amount due 
said schools, at the rate of three dollars and fifty cents 
per month for every non-paying Normal pupil reported 
as in monthly attendance. 

A sum not to exceed thirty-two hundred dollars each 
year is hereby appropriated for each of the Normal 
Schools, payable out of the treasury of the State. 

The State Superintendent of Free Schools shall, if 
possible, in every year, make arrangements with some 
suitable institution of learning in this State for the educa- 
tion and Normal school-training of a number of colored 
teachers, in the proportion to the colored population of 
the State which the non-paying white students in the 
Normal Schools bear to the white population of the 
State ; but the amount to be paid for each of said colored 
teachers shall not exceed the sum herein specified for 
each non-paying white student; and an additional sum 
to the extent necessary to pay the tuition of said colored 
students, is hereby appropriated, payable out of the 
treasury of the State in each year, as provided for in 
the next section, upon the requisition of the State Super- 
intendent of Free Schools. 

CXXVI. Actual monthly attendance' of a non-paying punil dur- 
ing any month of a school term, may be an attendance hona fide for a 
portion of the month. Sickness might prevent constant attendance 
during any month, yet if the pupil was in attendance in good faith 
during part of the month, when able to attend, the school would be 
entitled to $3.50 for such pupil for that month. * * The words 
'actual monthly attendance' are used in the statute, so as to plainly 
prohibit pay being drawn for constructive monthly attendance. 

The attendance of a pupil must have commenced in a month 
and in good faith, with an intention of continuing. If the puplt 
does not attend at all during any month * * the law prohibits 
any pay being given. — Alfred Caldwell, Attorney-General. 

97. If any normal school does not earn the amount of 
its annual appropriation of three thousand dollars, as 
aforesaid, in any year, the board of regents of the State 
Normal School and its branches are hereby authorized 
to expend in their discretion the unearned amount of its 
annual appropriation in the payment of teachers in 
another or others of such schools and the Auditor shall 
issue his warrants for such expenditures on the order of 
said board. 



CXXVII. Section 96 as amended by chapter 45, Acts 1895. provides 
for an appropriation of thirty-two hundred dollars for each normal 
school. 

98. I. If any money be lent or advanced, or anything 

?tu1ien^s Wlth be sold or let to hire, on credit to or for the use of any 

student or pupil under twenty-one years of age, at the 

West Virginia University, the West Virginia State 



School Law of West Virginia 89 

Normal School or any of its branches, or any incorpo- 
rated college in the State, without the previous permis- 
sion, in writing, of his or her parent or guardian, or 
the president or principal of such institution, nothing 
shall be recovered therefor, and there shall, moreover, 
be forfeited to the State, by the person giving such 
credit, twenty dollars, and the amount or value of such 
thing. When such selling, letting, lending or advanc- 
ing is by au agent, such forfeitures shall be by his prin- 
cipal, unless the principal shall within ten days after he 
has knowledge or information of the selling, letting, 
lending or advancing, give notice, in writing, of the 
date, nature and amount thereof to the president or other 
head of the institution, in which case the forfeiture shall 
be by the agent. 

II. All acts and parts of acts coming within the pur- 
view of this chapter, and inconsistent therewith, are 
hereby repealed. 

THE WEST VIRGINIA SCHOOLS FOR THE DEAF AND BLIND 

[98a. I. That the name of the West Virginia Institu- 
tion tor the Deaf. Dumb and Blind be and the same Is 
hereby changed to that of {f The West Virginia Schools Name, 
for the Deaf and Blind." 

The board of regents for the West Virginia Schools Board of 
for the Deaf and Blind, shall be composed of nine mem- regents. 
bers, whose term of office shall commence on the first 
day of June, one thousand eight hundred and ninety- 
seven. 

The Governor shall on the tenth day of March, one Governor to 
thousand eight hundred and ninety-seven, or as soon %?$££ 
thereafter as convenient, nominate, and by and with the 
advice and consent of the Senate, appoint said nine re- 
gents for said schools, but said regents shall be divided 
into three classes of equal numbers and not more than 
two regents in each class shall belong to the same polit- 
ical party. Not more than one regent for the West 
Virginia Schools for the Deaf and the Blind shall be ap- 
pointed from any one county. 

The term of office of the first-class shall be two years, 
of the second-class four years, and of the third-class six 
years. 

On the tenth day of March, one thousand eight hun- 
dred and ninety-nine, or as soon thereafter as con- 
nient, and every second year thereafter, the Governor 
shall nominate, and by and with the advice and consent 
of the Senate, appoint three regents for said schools, in 



90 



School Law of West Virginia 



place of the class whose term expires in said year; and 
the term of such regents shall commence on the first day 
of April in the year of their appointment- and continue 
six years. The Governor may in like manner appoint 
regents to fill any vacancy that may occur in the board 

Governor to of said schools, and any one appointed a regent by him 
during the recess of the Senate, shall be a regent until 
the next session of the Senate thereafter. 

Said members shall constitute collectively a body cor- 
porate with powers to rent, purchase and convey real 
estate, and with all other powers necessary for the car- 
rying on of the institution for the education of the deaf 
and blind youth of West Virginia, established under the- 
act passed March third, eighteen hundred and seventy, 
and to be known as "The Board of Begents of the West 
Virginia Schools for the Deaf and the Blind." Said 
board shall appoint one of their number as president 
and in ease of his absence a president pro tern, shall ap- 
point a secretary, and all orders, drafts or requisitions for 
"money from the State shall be signed by their secretary 
and countersigned by the president. Said board shall 
meet as hereinafter provided, and shall hold such other 
meetings as they may think necessary. Extra meetings 
may be called by the president or by any four members 
of the board by notifying the other members of the time 
and place of the meeting and of the nature of the busi- 
ness which renders an extra meeting necessary. A 
majority of the board shall constitute a quorum for the 
transaction of all ordinary business, but the board may. 
in its discretion, designate business of a nature to be 
specified by it. which may be transacted by a stated num- 
ber of regents less than a quorum. 

Principal. n. It shall be the duty of the principal under the di- 

rection of the Board to superintend the affairs necessary 
for the proper conduct of the institution, and to make 
such general regulations as may be necessary for the 
successful management of the same, and to purchase 
such books and apparatus as may be necessary for the 
efficient working the institution. 

III. Said board shall appoint all necessary teachers 
and assistants, and shall provide the furniture, fixtures, 
apparatus and other things necessary for the comfort 
and convenience of inmates of the institution. 

steward. IV. The said board may, when they deem it necessary 

elect a steward: and the principal and matron shall re- 
side in the institution, and the steward and teacher in or 

Salaries. near if. All salaries shall be fixed by the board of regents, 
and shall be paid monthly or quarterly, as the board may 



Quorum. 



Teachers. 



Furniture 



School Law of West Virginia 91 

deem proper, out of the fund appropriated by the legis- 
lature. 

V. The board of regents shall employ as visiting phy- visiting- 
sician of the institution, a physician of reputable stand- P n ~ vsician - 
ing in his profession, and it shall be his duty to render 

all medical assistance necessary to its inmates, and fix 
his salary, not to exceed three hundred dollars, to be paid 
in the same manner as a teacher. 

VI. The principal and steward shall give bond with Bond, 
approved security in such amount as the board of 
regents may direct, for the faithful discharge of their 
respective duties. 

VII. The board of regents shall prescribe such by- Rules and 
laws, rules and regulations for the government and con- reguh * ° 
duct of the institution under their charge as shall secure 

the harmonious and efficent management of said institu- 
tion in all its parts. They shall require such reports 
from the principal, steward, matron and physician as in 
their opinion the institution may demand, and they shall 
annually, on or before the first day of December, report 
to the Governor all the facts and circumstances in con- 
nection with the conduct and progress of the institution, 
with a careful statement of all the receipts and disburse- 
ments of the same, and shall accompany their annual 
report with such recommendations and suggestions as 
will enable the State efficiently to foster and promote 
the enterprise of educating the deaf, dumb and blind 
youth within its limits. The fiscal year of the institu- Fiscal y©ir. 
tion shall end on the last day of September, and the ac- 
counts of the institution shall be kept with reference to 
said fiscal year; and there shall be an annual meeting of 
said board on the third Thursday in October in each and 
every year. 

VIII. The board of regents may provide in said insti- Admission of 
tution accommodation for all the officers, assistants and pupils' 
employees, and for all the deaf, dumb and blind youth 
resident of the State of West Virginia who may apply 

for admission to the said institution, between the ages of 
eight and twenty-five years, and for such other deaf, 
dumb and blind persons as may apply for admission as 
paying pupils, under such regulations as said board may 
direct, but all youth admitted must be of sound mind 
and not afflicted with any contagious or offensive disease. 

IX. All such deaf, dumb and blind youth residents Admiiaion of 
of the State of West Virginia between the ages of eight i m P iIs - 
and twenty-five years, shall be admitted to pupilage in 

the institution on application to the principal ; until the 
institution is filled, applicants shall be admitted in the 



92 



School Law of West -'Virginia 



Charges. 



Duty of 
county 

officers. 



Term of 
pupilage. 



order of their application, and it shall be the duty of 
the principal to keep a careful record of the names of 
all pupils admitted with the dates of their admission and 
discharge, their age, postoffice address, the name of their 
parents or guardians, the degree, cause and circumstan- 
ces of their deafness or blindness. 

All such deaf, dumb and blind pupils shall be ad- 
mitted as above directed without charge for board and 
tuition; and*when not otherwise provided with clothing 
they shall be furnished by the institution while they 
are pupils in the same, and the principal shall make out 
an account therefor in each case against the respective 
counties from which said pupils are sent, in an amount 
not exceeding forty dollars per annum for every 
such pupil, which account shall be- certified by the 
principal and countersigned by the secretary, and which 
shall be transmitted by the principal to the Au- 
ditor of the State, whose duty it shall be to transmit a 
copy of the same to the clerks of the county courts of 
the respective counties against which they are; and the 
county court of such counties shall thereupon at their 
next sessions, respectively, thereafter held for the pur- 
pose of making a county levy, include in such levy the 
amount of said account against their counties, respect- 
ively, and cause an order to issue on the sheriff of the 
county in favor of the Auditor of the State, and cause 
the same to be transmitted by the clerk of said court to 
the Auditor, whose duty it shall be to collect the same 
and place it to the credit of the institution, to be drawn 
out upon requisition as a part of the current expenses 
of said schools. If the same is not paid to the Auditor 
by the respective counties from which they are due in 
a reasonable time, it shall be the duty of the Auditor to 
collect the same by law. 

The term of pupilage shall be five years at least, and 
for so much longer term as in the discretion of the 
board and principal their condition and progress would 
seem to justify. After all the applicants between the 
prescribed ages of eight and twenty-five years have been 
admitted, if there is still room, the principal may ad- 
mit other deaf and dumb and blind persons upon appli- 
cation who may be of suitable age to receive any ad- 
vantage of the institution, and upon such terms as the 
board may prescribe; but it shall be distinctly under- 
stood that such persons shall withdraw from the institu- 
tion in order of the dates of their admission to make 
room for new applicants between the ages herein already 
prescribed. 



School Law of West Virginia 93 

X. The course of instruction in the institution shall Course of 
be prescribed by the board of regents with the advice instruction. 
of the principal, and shall be as extensive both in the 
intellectual, musical and mechanical departments, as the 
capacities and interests of the pupils may require. 

XI. In addition to their other duties the assessors of Assessors' 
the State are hereby required to register in a book, to re ^ stration - 
be furbished them by the Auditor for the purpose, the 

name of all the deaf and the blind persons in their 
respective districts, with the degree and cause of deaf- 
ness and blindness in each case as far as can be ascer- 
tained from the heads of families, or from other persons 
whom the assessors may conveniently consult, their ages, 
the names of their parents or guardians, their postoffice 
address, and such other circumstances as may constitute 
useful statistical information in making the said institu- 
tion promptly efficient in ameliorating the condition of 
the deaf and the blind by education. They shall com- 
plete the registration as early as possible, in the first 
annual assessment after the passage of this act, and shall 
forward their report directly to the Auditor, who shall if 
practicable before the first day of July, or as soon there- 
after as possible, make an alphabetical abstract of all 
the facts furnished him by the assessors' reports, and 
shall send the same by mail to the principal of the West 
Virginia schools for the deaf and the blind, and said 
principal is hereby further required to put himself in 
immediate correspondence with all the deaf and blind correspond 
persons, of suitable age and condition, mentioned in the £j n * e § e ™ ons 
Auditor's abstract, with a view to their admission as registration 
pupils into the West Virginia schools for the deaf and llst ' 
the blind. 

The assessors shall receive for the extra duties hereby 
imposed, the same compensation as is now allowed them 
for the registration of births and deaths, and shall be 
liable to the same penalties for failure to discharge these 
duties.] 

THE WEST VIRGINIA COLORED INSTITUTE 

98&. An act accepting the provisions of the act of Con- 
gress, approved August thirtieth, eighteen hundred and 
ninety, entitled "And act to apply a portion of the pro- 
ceeds of the public lands to the more complete endow- 
ment and support of the colleges for the benefit of agri- 
culture and the mechanic arts, established under the 
provisions of an act of Congress, approved July second. 
eighteen hundred and sixty-two," and providing for the 
apportionment of said endowment acoording to the pro- 
visions of said aot. 



94 School Law of West Virginia 

Whereas, The Congress of the United States of 
America, by an act approved August thirtieth, eighteen 
hundred and ninety^. entitled, ''An act to apply a portion 
of the proceeds of the public lands to the more complete 
endowment and support of the colleges for the benefit 
of agriculture and the mechanic arts, established under 
the provisions of an act of Congress approved July sec- 
ond, eighteen hundred and sixty-two," made an appro- 
priation to each state and territory of fifteen thousand 
dollars for the year ending June thirtieth, eighteen hun- 
dred and ninety; and an annual increase of said appro- 
Act of Cc n- priation thereafter for ten years by the additional sum 
gress. of one thousand dollars over the preceding year, after 

which time the annual amount so appropriated will be 
twenty-five thousand dollars for the more complete 
endowment and maintenance of the colleges established 
under the act of Congress last aforesaid, "to be applied 
only to instruction in agriculture, the mechanic arts, the 
English language, and the various branches of mathe- 
matical, physical, natural and economic science, with 
special reference to their application in the industries 
of life; and to the facilities for such instruction," and 
Whereas, By a proviso in said act no State can ob- 
tain the benefits thereof, where facilities are not pro- 
vided for the instruction of colored students in said 
branches of study, either in the same institution or in 
separate institutions, and the legislatures of the several 
states are required to make an equitable division of said 
annual appropriation where such separate institutions 
are provided, and report the same to the Secretary of 
the Interior, and 

Whereas, The Constitution of the State of West 
Virginia forbids the education of white and colored 
youths in the same State schools, and this State having 
heretofore made no provision for the separate education 
of colored youth in agricultural and the mechanic arts; 
and the enumeration of the white and colored youths of 
this State, of school age, being about 250,000 white and 
12,000 colored, it being the duty of this State to indi- 
cate a reasonable proportion of said appropriations to 
be set apart annually for the instruction of the colored 
youth of the State, the sum of $3,000 is hereby indicated 
as an equitable portion of said appropriations for five 
years from the date of the passage of this act, and .after 
that time $5,000 as long as such appropriation continues ; 
and 

Whereas, By the terms of the said act of Congress 
of the Uunited States, approved August thirtieth, 



School Law of West Virginia 95 

eighteen hundred and ninety, it is necessary, in order to 
enable this State to share in the appropriations so made 
and to be made under the provisions of said last recited 
act, for the legislature to accept of the provisions of 
said act for and on behalf of this State, and to make 
proper and suitable provisions for said act upon which 
this State will be entitled to her distributable share of 
said appropriations, and to designate the institutions of 
learning to become ttie beneficiaries of said appropria- 
tions, and the officer of this State to whom the money 
shall be paid by the United States for the use of said 
Deneficiaries. Therefore, 

Be it enacted by the Legislature of West Virginia : 

I. The Legislature of the State of West Virginia cSTIiSrtonSi 
hereby accepts for said State, the terms and provisions grants. 

of the said act of the Congress of the United State? 
approved August thirtieth, eighteen hundred and 
ninety, for the objects and purposes mentioned and 
declared therein, and designates "The West Virginia 
University," established in pursuance of the Act of 
the Congress of the United States passed July 2, 1862. 
and a subsequent act passed by said Congress on April 
19, 1864, at Morgantown, in the county of Monongalia 
in this State, as the beneficiary of said appropriation for 
the instruction of white students, and an institution to 
be located and provided for the purpose as 'hereinafter 
required and directed in the county of Kanawha, to be 
called "The West Virginia Colored Institute," for the 
beneficiary of said appropriation for the instruction of 
colored students to be paid to each in the proportion 
mentioned in the preamble to this act. And the said 
institution by the name of "The West Virginia Colored 
Institute," shall have and hold all the property, funds, 
rights, powers and privileges hereinafter mentioned. 

II. For the government and control of said institute 
there shall be a board of regents, consisting of the State 
Superintendent of Free Schools and six other competent 
persons, not more than four of whom shall belong to the 
same political party, to be called the "Regents of the 
West Virginia Colored Institute," and as such board 
they may sue and be sued, plead and be impleaded, and 
have a common seal. The governor shall, between the 
fifteenth day of March and the fifteenth day of May, in 
the year nineteen hundred and one, and every four years 
thereafter, nominate and, by and with the advice and 
consent of the Senate, appoint said six regents, wli 
term of office shall begin on the first day of June next 
following their appointment, and continue for four yej 



96 



School Law of West Virginia 



Regents to 

establish 

departments. 



Rules and 
regulations. 



State Treas- 
urer to re- 
ceive grants. 



and until their successors are appointed 'and qualified. 
Vacancy in the office of regent shall be filled by appoint- 
ment by the governor for the unexpired term. The term 
of office of the regents now in office shall expire on the 
thirty-first day of May, nineteen hundred and one. Said 
board shall have the care, custody and control of the 
property and funds of the Institute, and may accept from 
any person or persons, gifts of money or property for the 
use of said institute ; and all such* money and property 
when so received by them, shall be held in trust by them 
for the use and benefit of the Institute, and applied there- 
to as the donors may have directed, and if no such direc- 
tions have been given, as a majority of the regents may 
determine. 

III. The board of regents shall from time to time 
establish such departments of education in literature, 
science, art and agriculture, not inconsistent with the 
terms of the several acts of Congress hereinbefore re- 
ferred to as they deem expedient, and as the funds under 
their control will warrant, and purchase such materials, 
implements, and apparatus, as may be requisite to the 
proper instruction of said colored students in all said 
Branches of learning as to carry out the intent and pur- 
purposes of said acts of Congress. 

IV. The said board shall establish and declare such 
rules, regulations and by-laws, not inconsistent with the 
laws of the United States or of this State, as they may 
deem necessary for the proper organization, the tuition 
of the students and the good government of the insti- 
tute, and the protection of the property belonging there- 
to. All reasonable expenses incurred by said regents 
in the discharge of their duties hereby imposed upon 
them shall be allowed by the Governor and paid out of 
the treasury of the State, in like manner as other charges 
on the treasury are paid. 

V. The Treasurer of this State is hereby designated 
as the officer to receive from the Secretary of the Treas- 
ury of the United States the said several sums of money 
so to be paid to this State aforesaid, for the uses and 
purposes aforesaid. He shall keep an exact account of 
the moneys so received, and shall place to the credit of 
each of said beneficiaries thereof, its due proportion of 
the same. The sums so placed to the credit of the West 
Virginia University shall be paid out by him on the or- 
der of the board of regents thereof, and the sums so 
placed to the credit of the West Virginia Colored In- 
stitute, shall be paid out by him on the orders of the board 
of regents of said institute. And said treasurer shall 



School Law of West Virginia 97 

include in his biennial report to the Governor a state- 
ment of his receipts and disbursements under the pro- 
visions of this act. 

VI. It shall be the duty of the board of the school Site and 
fund to proceed with all reasonable dispatch to procure buildings, 
the ncessary quantity of farming land not exceeding 

fifty acres in all in some suitable and proper locality in 
the county of Kanawha, with a title thereto clear and 
unquestionable, and to erect the necessary buildings and 
make the necessary improvements thereon, for the pur- 
poses of this act, and to comply in good faith with the 
terms and conditions, and to carry into effect the objects 
and purposes of the acts of Congress in making said 
appropriations. 

VII. And in order to enable said board to perform Ten thoUBand 
the duties required of them by this act, the sum of ten dollars to 
thousand dollars is hereby appropriated and placed this act" 

at their disposal, payable out of any money in the treas- 
ury not otherwise appropriated: Provided, That said 
board may in their discretion borrow the said sum of 
ten thousand dollars from the "school fund" mentioned 
in section 4 of article XII of the Constitution of this 
State, at six per cent, interest per annum, and execute the 
bonds of the State therefor, payable with interest as 
aforesaid, not more than ten years from the date thereof. 

WEST VIRGINIA REFORM SCHOOL 

[98c. I. An institution to be called "The West Vir- Re i orm 
ginia Reform School, ' ' is hereby established, and shall School. 
hereafter be carried on in a suitable building or build- 
ings for the purpose, to be erected by the State at such - 
locality as may be selected in accordance with this act. 
This institution shall be under the control of a board of 
directors hereinafter provided for. 

II. The board of directors shall consist of seven mem- Board of 
bers, not more than five of whom shall belong to the same directors, 
political party. The Governor shall, on the tenth day oi 
March, one thousand nine hundred and one. or as soon 
thereafter as convenient, and every four years thereafter, 
nominate and, by and with the advice and consent of the 
senate, appoint said seven directors, whose term of office 
shall begin on the first of "May. next following their ap- 
pointment, and continue for four years and until their 
successors are appointed and qualified. Any vacancy in 
the board shall be filled by appointment by the Governor 
in like manner, for the unexpired term. The term of 
office of the directors now in office shall expire on the 
thirtieth day of April, nineteen hundred and one. 



98 



School Law of West Virginia 



President. 



Quorum. 



Rules and 
regulations. 



Directors' 
report. 



Manner of 
commitment. 



III. The board of directors shall Menially choose one 
of their body to be president of the board, and in his 
absence shall choose a president pro tempore. A major- 
ity of the board shall constitute a quorum, but the board 
may in its discretion designate business, of a nature by 
it to be specified, which may be transacted by a stated 
number of directors less than a quorum. 

IT. The board of directors shall make such by-laws, 
ordinances, rules and regulations relative to the manage- 
ment, government, instruction, discipline, training, 
employment and disposition of the minors in the reform 
school, not contrary to law, as they may deem proper, 
and shall appoint such officers, agents and servants as 
they may deem necessary to transact the business and 
carry on the operation of said reform school, and may 
designate their duties. 

V. The board of directors shall make an annual re- 
port to the Governor of all their transactions, of the 
number of minors received by them into said reform 
school, the disposition which shall be made of such 
minors, by instructing or employing them therein or by 
binding them out as apprentices: the receipts and ex- 
penditures of said board of directors, and generally all 
such facts and particulars as may tend to exhibit the 
effect, whether beneficial or otherwise of said reform 
school. 

VI. The manner of receiving inmates into the West 
Virginia Reform School shall be in either of the follow- 
ing modes, namely: 

First. Male minors under the age of sixteen years 
may be committed by a justice of the peace of any of 
the counties in the State, on complaint and due proof 
made it manifestly requisite that from regard for the 
such minor, that by reason of incorrigible or vicious 
conduct, such minor has rendered his control beyond the 
power of such parent, guardian or next friend, and 
made it manifestly requisite that from regard for the 
morals and future welfare of such minor and the peace* 
and order of society, he should he placed in the West Vir- 
ginia Reform School. 

Second. Male minors under the age of sixteen years 
may be committed by the authority aforesaid, when 
complaint and due proof have been made that such 
minor is a proper subject for said reform school by 
reason of vagrancy or of incorrigible or vicious conduct, 
and that from the moral depravity or otherwise of the 
parent, guardian or next friend, in whose custody such 
minor may be, such parent, guardian or next friend h 



School Law op West Virginia 99 

incapable or unwilling to exercise proper care and dis- 
cipline over such incorrigible or vicious minor. 

Third. Such male minors under the age of sixteen 
years as their parents, guardian or next friend may 
desire to place therein for temporary restraint and dis- 
cipline, where parents, guardian or next friend shal] 
agree and contract with the board of directors for their 
support and maintenance. 

And fourth. Male minors committed by the several 
courts of the State, as provided by section 7 of this committed, 
•chapter. 

VII. Whenever any. male minor, under the age of six- 
teen years, shall be convicted in any of the courts of 
this State of a felony or of a misdemeanor, punishable 
hy imprisonment, the judge of said court in his discre- 
tion, and with reference to the character of the reform 
school as a place of reform and not of punishment, 
instead of sentencing said minor to be confined in the 
penitentiary or county jail, may order him to be re- 
moved to and confined in the said reform school, to remain 
until he shall have arrived at the age of twenty-one 
years, unless sooner discharged or bound as an appren- 
tice by the board of directors ; but no such boy shall be 
retained in said school after the superintendent shall 
nave reported him, and he has been found by the board 
or its executive committee, to be fully reformed. Male 
minors under sixteen years of age, convicted in any of 
the courts of the United States for the district of West 
Virginia, or of any offense punishable by imprisonment, 
may also be received into said reform school upon such 
regulation, and such terms as to their maintenance and. 
support, as may be prescribed by the board of directors, 
and assented to by- the proper authorities of the United 
States. And in all cases, before any minor is transferred 
to said reform school, due notice shall be given to the 
superintendent and an answer received from him that 
there is room in the reform school for such minor. 

VIII. It shall be the duty of the justice of the peace Data to be 
when committing a minor to said reform school under annexed to 
the first and second clauses of section six of this chap- commitment - 
ter, in addition to the commitment, to annex to said com- 
mitment the names and residences of the different wit- 
nesses examined before him, and the substance of the tes- 
timony given by them respectively, on which the adjudi- 
cation was found. 

IX. In all proceedings before justices of the peace for Guardlanacf 
commitment of minors to the said reform school under litem. 

the first and second clauses of section six of this chan- 



100 



School Law of West Virginia 



Male inmates 
only. 



Children may 
be bound out 
as ap- 
prentices. 



Commission 
to select site. 



ter, the justice shall appoint some disereet and disinter- 
ested person guardian ad litem for such minor, whose 
duty it shall be to represent the interest of said minor 
and see that no injustice is done him ; and the guardian 
ad litem of said minor shall have the right to demand a 
jury of twelve men to try the truth of the charges made 
against said minor, and said jury shall be selected and 
said trial shall be conducted in the same manner as 
is provided by law for the trial of criminal cases before 
justices by juries. And said guardian ad litem or said 
minor shall have the same right of appeal from any 
final decision rendered against said minor in any such 
proceedings, whether upon a trial by jury or otherwise, 
as is allowed by law in other criminal cases tried before 
justices. 

X. The West Virginia Reform School shall be exclu- 
sively charged with the reformation and care of male 
minors, but white and colored inmates shall be kept sep- 
arate. 

XI. The board of directors shall have power to bind 
out male children committed to their care, with the con- 
sent of such children, as apprentices during their minor- 
ity to such person and place, whether in or out of the 
State, and to learn some proper trade and employment 
as in the judgment of said board will be most conducive 
to the reformation and future benefit and advantage of 
such children, and the indentures by which said children 
shall be bound, shall contain the covenants and provis- 
ions prescribed by chapter eighty-one of the Code of 
West Virginia, relating to master and apprentices, and 
all the provisions of said chapter shall apply to appren- 
tices bound under this section, so far as applicable. 

XII. A commission consisting of the State Superin- 
tendent of Free Schools, and one member from each 
Congressional district of the State to be appointed by 
the Governor, shall within four months after this act 
becomes in force as a law, select such locality as it may 
deem best as the site for the jWest Virginia Reform 
School, and procure a good title to such site, and report 
their action to the Governor as soon as such se- 
lection is made and the title procured. And as soon as 
practicable after said report is made to the Governor, 
the "board of directors" herein provided for, snail con- 
tract for and cause to be constructed on the said site, 
such building or buildings as may be needed in carrying 
out the provisions of this act. Provided, That the sum 
to be expended for said site and for constructing said 
building, shall at no time exceed the appropriation for 
said purpose. 



School Law of West Virginia 101 

XIII. The sum of fire thousand dollars to be paid f^g^i*; 
out of the State fund for the fiscal year ending Septem- and buildings. 
ber 30, 1889, and five thousand dollars to be paid out o£ 

the State fund for the fiscal year ending September 30. 
1890, is hereby appropriated out of any money in the 
treasury not otherwise appropriated to be used in pro- 
curing said site for said Reform School, and in provid- 
ing suitable buildings and accommodations for the same, 
and in carrying on said Reform School when establish- 
ed; and the reasonable expenses of the commissioners 
herein provided for. selecting a site for the said Reform 
School shall be allowed and paid out of said money here- 
by appropriated. 

XIV. Every boy sent to the reform school shall remain Boys tore- 
until he is twenty-one years of age, unless sooner dis-ageo/ 
charged or bound as an apprentice by the board of direc- reformed - 
tors ; but no boy shall be retained after he has been re- 
ported by the superintendent and found by the board or 
executive committee to be fully reformed: Provided, That criminal boys 
in any case where a boy is committed to the reform ^ a ^ e nf t | n nt 
school for an offense punishable by confinement in the tiary. 
penitentiary, and it is found by the board of directors 

that the reform school is unable to benefit such boy. and 
that his presence is a detriment or menace to other boys 
in the institution, or to the general good of the school, 
he may be securely returned to the court which sentenced 
him, and said court shall thereupon pass such sentence 
upon him as to confinement in the penitentiary as may 
be proper in the premises, cr as it should have done had 
it not sentenced him to the reform school. 

And the governor shall have power, when in the judg- may ernor 
ment of the warden of the penitentiary and the superin- J ™™"** 
tendent of the reform school it is advisable, to remit the 
penalty of any youthful offender, under the age of six- 
teen years, confined in the penitentiary, to a sentence to 
the reform school. 

XV. Tf any person shall entice, or attempt to entice. Persons as- 
away from the reform school any boy legally committed mat"? /n" 

to the same: or shall aid or. abet any boy to escape from |^}P lnfir * &c " 
said reform school: or shall harbor, conceal, or aid or be guilty of 
abet in harboring or concealing, any boy who shall have and fined. 
escaped therefrom: or shall, without the permission of the 
superintendent, give or sell, or air] or abet any other per- 
son to give or sell, to any boy in said reform school, 
whether on the premises of said institution or otherwise, 
any money, firearms, intoxicating: drink, tobacco, cigar- 
ettes, or other article whatsoever: or shall in any way 
cause or influence, or attempt to cause or influence, cr 






102 



School Law of West Virginia 



Officers to 
arrest. 



Fees and 
charges. 



aid or abet therein, any boy in said reform school to vio- 
late any rule of the institution or to rebel against the gov- 
ernment of said school in any particular ; or shall receive 
by the hands of any such boy anything of value, whether 
belonging to the State or otherwise ; such person shall 
be deemed guilty of a misdemeanor, and, upon convic- 
tion therefor, shall be fined not less than ten nor more 
than one hundred dollars, or be confined not more than 
twelve months in the county jail, or both fined and im- 
prisoned as aforesaid, as the court may deem proper. 

And the superintendent, or any of his assistants, or any 
one authorized in writing by him, or any sheriff, con- 
stable, policeman, or other peace officer, shall have power, 
and it is hereby made his duty, to arrest any boy, when 
in his power to do so, who shall have escaped from said 
school, and return him thereto. 

XVI. Justices and constables and juries shall have 
the same fees in the proceedings for the commitment of 
boys to the reform school as are allowed by law for 
similar services in other criminal cases, and such fees 
shall be audited by the county court of the county, and 
paid out of the county treasury. For transporting a 
boy to the reform school the officer having him in charge 
shall be allowed five cents for each mile of necessary 
travel, either in going or returning: and said costs of 
transportation in case the boy has been convicted of a 
felony shall be paid out of the State treasury in the same 
manner that other criminal charges are paid out of said 
treasury; and in case the boy has been convicted of a 
misdemeanor, or been committed by a iustice. said costs 
of transportation shall be paid out of the treasury of the 
county, from which said boy is committed, in the same 
manner as other criminal charges are paid out of the 
treasuries of the counties. 



PREPARATORY BRANCH OF THE WEST VIRGINIA UNIVERSITY 
AT MONTGOMERY. FAYETTE COUNTY 



Name. 



Appropria- 
tion. 



1. There shall be established a school at Montgomery, 
in the county of Fayette, to be called the Preparatory 
Branch of the West Virginia University, by which 
name it shall have and hold all the property, funds, in- 
vestments, rights, powers and privileges granted by this 
act, by bequest, private subscriptions, donation or 
otherwise. 

2. It being estimated that the sum of ten thousand 
dollars will be needed for the purpose of the erection of 
suitable buildings and the purchase of a site for said 



School Law of West Virginia 103 

.school, therefore the sum of five thousand dollars pay- 
able out of the revenues of this fiscal year, one thousand 
eight hundred and ninety-five, is hereby appropriated 
out of any money in the treasury, to be expended under 
the directions of the board of regents of said school for 
said purpose. 

For the government and control of said school there Regents, 
shall be a board of regents consisting of the state super- 
intendent of free schools and the members of the board 
of regents of the West Virginia University. As such 
they may sue and be sued, plead and be impleaded, con- 
tract and be contracted with and have a common seal. 

3. Said board shall have all the powers to act and Powers of 
shall act and be controlled according to and under the regents - 
laws of chapter forty-five of the code of West Virginia, 
governing the board of regents of the West Virginia 
University, except as herein limited by this act. 

4. Said board of regents shall as soon as this act takes Boardito let 
effect, let the contrad and provide for the erection of contract, 
suitable buildings upon the site selected and furnished 

for said school by the citizens of the town of Mont- 
gomery, Fayette county. Said buildings to be com- 
pleted and said school opened not later than the first day 
of September, one thousand eight hundred and ninety- 
six. Said board shall provide suitable books, furniture 
and apparatus necessary for the successful operation of 
said school, all of which shall be paid for as herein pro- 
vided. 

5. That the property in all grounds, buildings and p rope rty 
improvements erected under the provisions of this act, J^edin 
shall be vested in the board of regents of said school, to 

be used and controlled, as in like manner, is the prop- 
erty of the West Virginia University used and controlled 
by its said board of regents. 

6. There shall be taught in said school such branches 

of learning as are taught in the preparatory department faugbt. 68 
of the West Virginia University and in the normal 
schools of this State; but no student shall receive in- 
struction Tree of tuition in any of the branches herein 
designated, excepl as to such as ace taught free in the 
preparatory department of the University of West. Vir- 
ginia. 

7. It shall be the duty of the said board of regents to Teachers. 
employ and fix the salaries of a sufficient and competent 

corps of teachers and other necessary officers. Said 
teachers and officers to be paid as is provided by law 
for the payment of teachers and officers of the West Vir- 
ginia University. 



104 



School Law of West Virginia 



Tuition. g^ ^11 .students of this or other States desiring to 

take other branches of study than those designated in 
said preparatory courses or take other course of study 
in said school shall pay such tuition as shall be herein- 
after fixed by the faculty of said school. 

Tuition, etc.; 9. All money arising from tuition, matriculation fees 

ow apple . Qr Qfbgj^jgg coming into the hands of the treasurer of 

said school shall be used and applied to the payment of 

the teachers' salaries and other liabilities of said school. 

BLUEFIELD COLORED INSTITUTE 



Name. 



Board of 
Regents . 



Powers of 
board. 



Provisions 
for school. 



1. There shall be established a school at Bluefield, 
county of Mercer, to be called "Bluefield Colored Insti- 
tute/' by which name it shall have and hold all the 
property, funds, investments, rights, powers and privi- 
leges created by this act, by bequest, private subscrip- 
tion, donation or otherwise. 

2. For the government and control of said institute 
there shall be a board of regents consisting of the State 
Superintendent of Free Schools and five other persons, 
not more than three of said five persons shall belong to 
the same political party. Said board shall bo a body cor- 
porate under the style of "Board of Regents of the Blue- 
field Colored Institute," and as such may sue and be 
sued, plead and be impleaded, contract and be contracted 
with, and have and use a commou seal. The Governor 
shall, between the fifteenth day of March and the fif- 
teenth day of May, in the year nineteen hundred and one, 
and every four years thereafter, nominate and, by and 
with the advice and consent of the Senate, appoint said 
five regents, whose term of office shall begin on the first 
day of June next after their appointment and continue 
for four years and until their successors are appointed 
and qualified. A vacancy in the office of regent shall be 
filled by appointment by the Governor for the unexpired 
term. The compensation of said regents shall be the same 
as that provided for the regents of the West Virginia 
Colored Institute. The term of office of the regents now 
in office shall expire on the thirty-first day of May, nine- 
teen hundred and one. 

3. Said boards shall have all the powers to act, and 
shall act and be controlled according to and under the 
laws governing the board of regents of the normal 
schools of this State, except as here limited by this act. 

4. The said board of regents shall, as soon as this act 
takes effect, let the contract and provide for a suitable 
building upon the site selected for said school by the 






School Law of West Virginia 105 

said board of regents, said building to be completed and 
said school opened not later than the first day of Sep- 
tember, one thousand eight hundred and ninety-six. 
Said board shall provide suitable books, furnitue and 
apparatus necessary for the operation of said school, all 
of which shall be paid for as hereinafter provided. 

5. The property and all srrounds and imrrcve- Property, 
ments erected under the provisions of this act, shall be 
vested in the board of regents of said school, to be used 

and controlled in like manner as the property of the 
normal school and branches is used and controlled by its 
said board of regents. 

6. There shall be taught in said school such branches ?e tau«ht. to 
of learning as are taught in the preparatory department 

of the West Virginia University and in the normal 
schools of this State, but no student shall receive in- 
struction free of tuition in any of the branches here 
designated except as provided m section ninety-six of 
chapter forty-five of the Code of West Virginia, and as 
to such as are taught free in the preparatory depart- 
ment of the University of West Virginia. 

7. It shall be the duty of the said board of regents to Jjg^™ and 
employ and fix the salaries of a sufficient and compe- 
tent corps of teachers and other necessary officers, such 
teachers and officers to be paid as is provided by law for 

the payment of teachers and officers of the normal 
schools of this State. The said salaries to be paid out 
of any moneys in the State treasury not otherwise ap- 
portioned. . . 

8. All students of this State desiring to take other 
branches of studies than those designated in said pre- 
paratory course or taking other courses of study in 
said school, shall pay such tuition as shall hereafter be 
fixed by the faculty of said school. 

9. All students from other states shall be required to F t ° r |ef? s . 
pay such tuition as shall be designated by the said board 

of regents. 

10. All money arising- from tuition, matriculation fees eoUeeLi. 
or otherwise, coming into the hands of the treasurer of 

said school, shall be used and applied to the payment of 
teachers' salaries and other liabilities of said school. 

KEYSER PREPARATORY BRANCH OF THE WEST VIRGINIA 
UNIVERSITY 

I. There shall be established at Keyser, in the county Nnm '' 
of Mineral a school to be called the "Keyser Preparatory 
Branch of the West Virginia University, ' ' hy which name 
it shall hold all the property, funds, investments, rights. 



106 



School Law of West Virginia 



Appropria- 
tion. 



Board of 
Regents. 



Counties 
represented 
on board. 



Building. 



Property 
vested in 
board. 



powers granted and may receive and hold by bequest 
private subscriptions, donations or otherwise money and 
other property. 

II. It being estimated that the sum of twenty thou- 
sand dollars will be needed for the purpose of erecting 
suitable buildings for said school, therefore, the sum of 
seven thousand five hundred dollars is hereby appropri- 
ated out of the revenues of the fiscal year, one thousand 
nine hundred and one, and the sum of twelve thousand 
five hundred dollars out of the revenues of the fiscal year 
one thousand nine hundred and two, is hereby appro- 
priated out of any money in the treasury to be expended 
under the directions of the board of regents of said 
school for said purpose. For the government and control 
of said school, there shall be a board of regents consist- 
ing of six members, who shall be appointed by the Gov- 
ernor ; not more than four of whom shall be of the same 
political party, and who, with the State Superintendent 
of Free Schools, who shall be ex-ofncio member shall con- 
stitute said board : two of the members of said board of 
regents shall hold their office for the term of two years, 
beginning the first day of June, 1901 ; two for the term 
of four years and two for the term of six years. Vacan- 
cies occurring in the board shall be filled by the Governor 
as they occur. 

The members of said board shall be appointed from the 
citizens of Mineral, Grant, Hardy, Morgan, Pendleton, 
Tucker, Preston and Hampshire counties, and before en- 
tering upon the discharge of their duties, the members of 
the board shall take an oath to faithfully discharge their 
duties. The said board shall be known as the board of 
regents of the "Keyser Preparatory Branch of the West 
Virginia University," by which name said board shall 
sue and be sued, make contracts, receive and hold real 
and personal property as aforesaid. 

III. Said board of regents shall as soon as practicable 
after this Act takes effect, contract and provide for the 
erection of suitable buildings upon the site selected and 
furnished for said school by the town of Keyser, in Min- 
eral county. Said buildings to be completed and said 
school opened by the first day of October, 1902. Said 
board shall provide suitable books, furniture and appa- 
ratus necessary for the successful operation of said school. 
All of which shall be paid for as herein provided. 

IV. That the property, buildings and improvements 
erected under the provisions of this Act, shall be vested 
in the board of regents of said school, to be used and con- 
trolled for the purposes of this Act. 






School Law of West Virginia 1.07 

V. There shall be taught in said school such branches ^taught* 
of learning as are taught in the Preparatory Department 

of the West Virginia University and in the Normal 
Schools of this State, including mechanics and such other 
branches as shall fit the pupils for useful trades and call- 
ings. But no student shall receive instruction free of tui- Tuition. 
tion in any of the branches herein designated, except as 
to such as are taught free in the Preparatory Department 
of the West Virginia University. 

VI. It shaU be the duty of said board of regents to tewiSs ' 
employ and fix the salaries of a sufficient and competent 

corps of teachers and officers, to be paid as provided by 
law, and as directed by said board of regents. 

VII. All students of this or other States desiring to bmnchSf \ 
take other branches than those designated in said pre- tuition, 
paratory course, or to take other courses of study in said 
school, shall pay such tuition as shall be fixed by the 

board of regents. 

VIII. All money arising from tuition, matriculation Money, now 
fees or otherwise coming into the hands of the treasurer use< 

of said school, shall be used and applied to the payment 
of the teachers salaries, and other liabilities of said 
school. 

IX. No part of this appropriation provided for in this Keyser to 
Act shall be expended in the construction of buildings, ^fjf to 
providing furniture for said school, nor be used for that 
purpose until the board of regents shall certify to the 
Auditor that the town of Keyser. or the citizens thereof, 

have donated to the board for the purposes of this Act 
at least the sum of five thousand dollars, in land, money 
or other property. 

X. And the Auditor is hereby authorized to draw his ^"/warrants" 
warrant on the Treasurer of this State, payable to the 
treasurer appointed by said board, for the money appro- 
priated by this act when payable according to the terms 

of this Act. 

XI. The board of regents of said school shall have 
power to appoint a treasurer, and require him to give 

bond, with good security to be approved by said board, secretary and 
and also a secretary, to appoint an executive committee conimfttee. 
of not more than three persons, citizens of Keyser, to 
have the care, control and management of said school, 
under the order and direction of the board of regents. 

XII. The members of the board of regents shall re- J"**" Jf d 
ceive three dollars per day for the time actually employed board. 

by them and their actual expenses while attending the 
meetings of the board, which shall be verified by oath. 



108 



School Law of West 'Virginia 



Optional 
text book. 



Boards may 
purchase 



Trustees to 
keep flags 
displayed. 



UNCODIFIED LAWS 

Davies' "Facts in Civil Government" be, and the same 
is hereby made a supplementary and optional text-book 
for use in the free schools of the State, the same to con- 
tain the constitution of West Virginia. The price at 
which such book shall be furnished to be 55 cents per 
copy. 

The boards of education throughout the State, out of 
the building funds of their districts may provide for the 
purchase of a United States Flag, four by six feet of 
regulation bunting, for each school bouse in their district 
and require the same to be displayed over the school 
house during, the time the school is in session. 

The trustees of such school district shall, in ac- 
cordance with the direction of the board of education, 
place such flag over the school house in their school dis- 
trict at the beginning of the school term therein, and 
said trustees shall cause the teachers to keep said flag so 
displayed during the time the school is in session, except 
that on stormy or inclement days, said flag shall not be 
so displayed, if in the judgment of said teacher such in- 
clement weather would be destructive of said flag. 



Election days 
holidays. 



All election days shall be legal holidays throughout 
the district or municipality in which the election is held. 



Holidays 
designated. 



The following named days be regarded, treated and 
observed as legal holidays, viz: The first day jf 
January, commonly called "New Year's Day ;" the twen- 
ty-second day of February, commonly called "Washing- 
ton's Birth Day;" the fourth day of July, commonly 
called "Independence Day," the thirtieth day of May, 
commonly called "Memorial Day:" the twenty-fifth day 
of December, commonly called "Christmas Day;" the 
first Monday in September, commonly called "Labor 
Day;" any national or state election day: and all days 
that may be appointed or recommended by the Governor 
of this State or the President of the United States as days 
of thanksgiving, or for the general cessation of business; 
and when either of said days or dates falls on Sunday, 
then it shall be lawful to observe the succeeding Monday 
as such holiday: Provided, that when the return day of 
any summons or other court proceeding, or any notice, or 
the time fixed for holding any court, or doing any official 
act. shall fall on either of said holidays, the next ensuing 
secular dav shall be taken as meant and intended. 



APPENDIX 



ORDER OF PROCEEDINGS AT THE FIRST ANNUAL MEETING OF THE BOARD 
AFTER THEIR ELECTION 

[See Section 8.] 

1. Appoint a secretary. 

2. Appoint one trustee for each sub-district. 

3. Determine the number of months the schools shall be taught 
in the district during the school year. 

4. Determine the number of teachers that may be employed in 
the sub-districts, allowing at least one for each school house. 

5. Fix the salaries of teachers according to the grade of certifi- 
cate. 

6. Estimate the number of teachers of each grade that will be 
employed. 

7. Ascertain the whole number of months to be taught in the 
district by teachers of each grade. 

8. Determine the aggregate amount of money necessary to pay 
all the teachers. 

9. Ascertain the unexpended balance of the teachers' fund in the 
hands of the sheriff, due the district from last year, after paying 
all salaries due teachers the preceding year. 

10. Ascertain any other moneys available to the teachers' fund. 

11. Deduct these amounts from the aggregate amount necessary 
to pay all the teachers. 

12. Lay the district levy for teachers' fund large enough to cover 
this amount, making proper allowances for exonerations, delinquen- 
cies and commissions. 



110 School Law of West Virginia 

The following calculation will be convenient for reference in mak- 
ing levies for school purposes : 

Number of teachers to be employed in the district 20 

Number of months to be taught during the year 6 

Amount of money to pay all teachers (estimated) $ 4,380 

This estimate is made as follows : 

10 No. 1 grade teachers at $40 per mo 400 

6 No. 2 grade teachers at $35 per mo 210 

4 No. 3 grade teachers at $30 per mo 120 

Monthly pay $ 730 

Mumber of months 6 

Total for term $ 4,380 

Deduct amount on hand including amount of general school 

fund 1,880 

$ 2,500 
To ascertain the number of cents to be levied on every one hun- 
dred dollars' valuation of property in the district to raise $2,500 by 
taxation, suppose the whole valuation in the district to be $600,000. 
Rule — Drop the cents, if any, and add four ciphers to the amount 
in dollars to be raised by the levy, and divide by the amount in dol- 
lars taxable propertv. 

Example: 600.000)25.000,000(41 2-3 cents. 
24,000,000 

1,000,000 
600,000 



400,000 



= 2-3 



600,000 

Similar calculations should be made in relation to the Building 
Fund. 

14. Determine the method and enter it on record, for calling spe- 
cial meetings of the board when necessary. 

FORM NO. I 

FORM OF ORDERS TO BE ENTERED OF RECORD BY THE BOARD OF EDU- 
CATION. 

Office of the Board of Education ) 

District, in the County of ) 

West Virginia. 
At a meeting of the Board of Education held on the .... day of 

, 19 . . , there were present, president, and 

and , members of the board. 

On motion of , it is ordered that be, and he is 

hereby appointed Secretary of this Boaru*. 



School Law of West Virginia 111 

On motion, it is ordered that the following named persons be ap- 
pointed trustees in the following named sub-districts, for a term of 
three years, and until their successors are appointed and qualified : 

Trustee for Sub-District No. 1. 
Trustee for Sub-District No. 2. 



On motion of , it is ordered that the salaries of teachers 

per month, for the school year, shall be as follows, according to the 
grade of their certificate : For grade No. 1, $. . . . ; for grade No. 2, 
$ . . . . ; for grade No. 3, $ 

It is found by the board that in addition to the available funds 
now on hand, $. . . . will be necessary for the payment of teachers' 

salaries for the current year, and on motion of , it is ordered 

that a tax of .... cents on the one hundred dollars' valuation of 
the real estate and personal property of the district- be levied for 
that purpose. 

(A similar order should be entered in relation to the levy for 
"Building Fund.) 

On motion of , it is ordered that the president and secre- 
tary of this board be authorized to sign, in vacation, all proper or- 
ders for the payment of money out of the teachers' fund or the build- 
ing fund, for the salaries of teachers employed and claims allowed 
by the board, and that they report the orders drawn on each fund, 
at the next meeting of this board. 

The secretary of this board made a report this day for the several 
orders drawn by him and the president, on the teachers' fund and 
the building fund, respectively, since the last meeting of the board, 

as follows : An order on the teachers' fund, in favor of , 

a teacher, for $....; an order in favor of a teacher, for 

$. . . . : also an order on the building fund, in favor of , for 

work done on school house, for $....: and an order, in 

favor of for furnishing wood for school house, 

for $.... 

On motion of it is ordered that when in the opinion of 

the president or of the two commissioners it is deemed necessary, 
the president or secretary may call a special meeting of this board. 

On motion the board does now adjourn. 



.... President. 

Secretary. 



112 School Law of West Virginia 



FORM NO. II 

ORDER OF APPOINTMENT TO FILL A VACANCY IN THE BOARD OF TRUS- 
TEES 

[To be entered in records of the board.] 

There being a vacancy in the hoard of trustees in sub-district No. 

, in the district of , on motion of , it 

is ordered that be, and he is hereby appointed to fill said 

(vacancy for the unexpired term, and till his successor shall be ap- 
pointed and qualified. 

NOTE— This order of appointment should be entered in the record book of the board 
of education at a regular meeting, and a copy of it signed by the secretary of the 
board served upon the appointee. 



FORM NO. Ill 

APPOINTMENT OF A MEMBER OF THE BOARD OF EDUCATION TO FILL A 

VACANCY 

Office of County Superintendent, ) 

of the County of ) 

, West Virginia, , 19 . . . 

It having been made known to me that there is a vacancy in the 

board of education in district "in my said county, I 

, county superintendent of said county, in pursuance 

of the authority vested in me by law, hereby appoint 

to fill the vacancy in said board for the unexpired term. 

, County Superintendent. 

FORM NO. IV 

OATH OF OFFICE 

State of West Virginia, County of , to-wit: 

I, . . ., do solemnly swear (or affirm) that I will support 

the Constitution of the United States, and the Constitution of this 
State, and that I will faithfully discharge the duties of my office of 

to the best of my skill and judgment. So help me 

God. 

A B . 

Sworn to and subscribed before me, , a justice of 

the peace, the .... day of , 19 . . 

C D , J. P. 



School Law of West Virginia 



113 



FORM NO. V 



FORM TO BE USED IN THE SETTLEMENT BY THE SHERIFF WITH THE 

SEVERAL BOARDS OF EDUCATION, ON OR BEFORE THE 30TH 

DAY OF JUNE IN EACH YEAR 






the Teachers 
June 30. 19. 



. . Sheriff of county, in account with 

Fund of district for the year ending 






To balance due District on settlement for the year ending; June 80. 19 

To amount due from State School Fund for the year ending June 30, 19.. 
To amount levied on a valuation of $... for the year ending June 30, 19.. 

at cents on each hundred dollars valuation 

To amount received from other sources for the year ending June 30, 19.... 
[Itemize each sum received from "other sources," giving date, amount 
and from whom received.] 

Total debits 

By balance due sheriff on settlement for the year ending Jxine 30, 19 

By sundry school orders paid to date 

[The No., date and name of person to whom each order was drawn, 
with the actual amount paid thereon by the officer presenting it, should 
be given in detail. ] 

By commission at 5 per cent, on net district levies 

By 2 per cent, commission on railroad levy 

By exonerations — (Name each person exonerated, the name and for what 

year the exoneration is made) 

By delinquent list for the year ending June 30, 19 

Total credits 

Balance due district, (or sheriff, as the case may be) 



Cts 



Cts. 



FORM NO. VI 



CALL FOR SPECIAL MEETING 



Office of ) 

District, ) 

County, W. Va. ) 

,19.- 

It appearing to that a special meeting of the board 

of education of said district is necessary to transact business relating 

to and other matters, a meeting is hereby called at 

at o'clock .... M 19. . You 

are requested to be present. 

, Secretary. 

To 



114 



School Law of West Virginia 



FORM NO. VII 



FOR TRANSFER 



District, ) 

County, W. Va. ) 

. Sub-District, No ) 

It appearing to the undersigned, trustees of sub : district 

that , children of of 

sub-district are so situated as to be better accommodated 

in sub-district no district, County, W.Va., 

this is to certify that said trustees have this day, as required by law, 
transferred them to that district. This transfer is to commence on 

the .... day of , 19 . . , and continue in force 

months. 

To the Trustees of Sub- ) ) 

Dist No. . . of . . Dist, ) ) Trustees. 

Coimty, W. Va. ) ) 

On the reverse of the transfer (Form VII) the following endorse- 
ment may be made : 

Transfer of .... scholars from sub-district no . . . . , Dis- 
trict County, to sub-district no . . . . , , District, 

County, W. Va. 

We, the trustees of the last named sub-district, this day 

* accept the within transfer in accordance with sec. 12 school law, 
19.. 

) 

) Trustees. 

) 



*0r refuse to accept. 

NOTE— Trustees accepting transfers from other districts should transmit them to 
their board of education, there to be kept on file for the information of the board in 
making settlements for the amount due for the transferred pupils. 

Trustees making transfers should furnish their board with information of all 
transfers made by them, to enable the board to provide for the payment of the pro 
rata expenses of the transferred pupils. The following form may be used bv the 
trustees: 



To the president of the Board of Education of distnct: 

This is to certify that the undersigned, trustees of sub-district 

no . . , District have transferred as required by law 

pupils, the children of . -. , from this sub-district to no , 

District, County, to begin on the .... day of 

, 19 . . . and continue .... months. 

) 

) Trustees. 

) 



School Law of West Virginia 115 

FORM NO. VIII 

FORM OF CONTRACT BETWEEN TRUSTEES AND TEACHER 

This Contract "Witnesseth, That , , 

and , trustees of sub-district No in the 

district of , and county of , West Vir- 
ginia, of the first part, having met together as required by section 13 

of the School Law, and , a teacher holding a 

No teacher's certificate, of the second part, have this day 

agreed that said shall teach the free school in said 

sub-dictrict, for the term of months, commencing on the .... 

day of , 19 . . , for the sum of dollars per month, 

and that for said services, properly rendered, the trustees aforesaid 
will pa}', as prescribed by law, the amount of salary due said 
according to the terms of this contract. 

And it is further agreed that if for any legitimate reason the 
school is not begun on the date mentioned, or if for such cause it is 
discontinued or suspended, neither party shall have recourse on the 
other for damages. 

Witness our hands, this .... dav of 19 . . 

) 

) Trustees. 

) 

, Teacher. 

FORM NO. IX 

secretary's notice to county superintendent, assessor and 
county clerk, of rate of levies 

Office of Secretary Board of Education. 

, 19. . *To of county, 

At a meeting of the board of education of district 

of said county, held on the .... day of , 19 . . , it was 

ordered that levies for the support of the free schools of the district 
for the year beginning the first day of July, 19 . . , be made for the 
respective funds at the following rates : 

For Teachers' Fund, cents on the $100 valuation. 

For Building Fund cents on the $100 valuation. 

Respectfully, 

, Secretary. 

Section 44 School Law.— Immediately upon the receipt of the 
certificate mentioned in the preceding section, and of the notice from 
the county superintendent, as hereinafter provided, showing the 
amount of the general school fund to which such district, or inde- 
pendent school district is entitled, it shall be the duty of the board 
of education of such district to determine the rate of taxation nec- 

* Write Assessor, Clerk of County Court or County Superintendent as the east 
be. Each must be notified promptly. «i4 



116 School Law of West Virginia 

essary for the pay of teachers and for the building fund in their 
district for the school year and for the payment of any such existing 
indebtedness, as aforesaid, and report the same by their secretary, 
to the clerk of the county court, to the county superintendent and 
also to the assessor; and thereupon, it shall be the duty of the said 
assessor to extend on his books of assessment for State and county 
purposes the amount of taxes levied as aforesaid, in two separate 
columns, the one headed "Teachers' Fund," and the other "Build- 
ing Fund," from which extension the sheriff shall proceed to collect 
the same, and shall account therefor as required by law. Any as- 
sessor who shall fail to make out and deliver the certificate mentioned 
in the forty-third section, and any secretary of a board of education 
who shall fail to make out and deliver the certificate named in this 
section shall be fined twenty dollars, for the benefit of the Building 
Fund of the district. 

FORM X 

county superintendent's certificate to secretaries of the 
amount of railroad tax 

Office County Superintendent Free Schools. 

To the Sec'y Board of Education of District. 

County, West Virginia. 

You are hereby notified that the amount due your district for 
school purposes and chargeable to the Sheriff on the respective ac- 
counts of Teachers' and Building Fund in proportion to the rate of 
levy for each, for the school year ending June 30, 19 . . , from the 

Railroad Company is Dollars. 

Given under my hand this .... day of , 19. . . . 

Dated , 19 ... . County Sup 't County, 

When the County Superintendent is notified by the Auditor of 
the amount paid into the treasury by the Railroad Company to the 
credit of any district for school purposes; or, is notified of the 
amount of Railroad tax certified by the Auditor to the Sheriff of 
the County for collection for school purposes, he should, without 
delay, notify (on this blank) the Secretaries of the respective 
Boards of Education of the amount due them from the different 
Railroad companies that have property in their respective districts. 
The secretaries of the Boards, when they are notified as above 
directed, should divide the amounts so reported, between the 
Teachers ' and Building Funds in proportion to the rate of levy made 
for each. The amounts should then be charged up to the Sheriff 
on account of the respective Funds. 



School Law of West Virginia 
FORM NO. XI 



117 



county superintendent s certificate to the auditor of dis- 
tribution of state fund for his county 

Office County Superintendent Free Schools, ) 
, , County, W. Va., , 19. . ) 

To the Auditor of the State of West Virginia. 

Sir: — The following shows the apportionment made by me, to the 

several school districts of the county of , for the school 

year commencing July 1st, 19 . . 

Whole amount certified by State Superintendent $ 

Amount deducted for salary of County Superintendent, 

Whole amount distributed to the several school districts, 



Amount distributed to each school district respectively: 








districts/ *SS5l*. 


Payment of 
Dec. 15th. 


Tota 


. 


District, ■$ 




$' 




$ 


























































= 


S 




Total % 




S 




independent districts. 












District, 9 

























































mil - : 




Total 






















, County Superintendent 

of Count v 



I 



118 School Law of West Virginia 

Section 22 of the School Law requires county superintendents to 
apportion the State Fund among the several districts of their re- 
spective counties and to report the same on this form to the Auditor. 

FORM NO. XII 

county superintendent's certifficate to secretaries of the 
amount of state fund 

Office of County Superintendent Free Schools. 

County, West Virginia. 

19.. 

To the Secretary of the Board of Education of District. 

I hereby certify that the amount of State School Fund appor- 
tioned to your district for the school year beginning- on the 1st clay 

of July, 19 . . , is % 

dollars. 

Enumeration for 19 . . , (corrected) 



County Superintendent. 

This amount will be paid to the sheriff of the county in two equal 
installments, on September loth, and on December 15th. next; pro- 
vided your board levy for a sum, which, together with the balance 
on hand, funds from other source?, and this State fund, will be 
sufficient to pay for having the schools of your district taught for at 
least five months in the year. You will charge the sheriff with the 
above amount on account of the teachers' fund. 

As soon as the county superintendent receives notice from the 
State Superintendent of the amount atwortioned to his county, he 
should apportion the amount among the respective districts and 
independent districts, according to the number of younts between fi 
and 21 in each, ascertained by the last enumeration, and should 
thereupon notify the respective secretaries on this blank (Form 
18) without delay. 

FORM NO. XIII 

notice to secretaries , of valuation of personal 
property 

Office of Assessor 

of County. 

West Virginia. 

To the Secretary of the Board of Education of District: 

The assessed valuation of the personal property in your district 

on the first day of January, 19. .. aggregates $ 

Given under my hand the .... day of 19. . 

, Assessor. 

F. O. Address 






School Law of West Virginia 119 

A copy of this notice should be sent to the secretary of each dis- 
trict at the very earliest moment possible, as he must have it on 
the first Monday in July, at the annual meeting of the board of 
education. 

The assessor of every assessment district shall make out and de- 
liver to the secretary of the board of education of each district 
and independent school district in his district, on or before the first 
day of July in each year, a certificate showing the aggregate value of 
all personal property ; and the clerk of the county court shall certify 
to the said secretary the aggregate value of all real estate in such 
district or independent school district, which certificates shall serve 
as a basis for any levy that may be made for school purposes for 
that year.— (Sec. 43 School Law.) 

Any assessor who shall fail to make out and deliver the certificate 
mentioned in the forty-third section, and any secretary of a board 
of education who shall fail to make out and deliver the certificate 
named in this section, shall be fined twenty dollars, for the benefit 
of the building fund of the district.— (Part of Sec. 44 School Law.) 

FORM NO. XIV 

county clerk's notice to secretaries of assessed valuation of 

real estate 

Office Clerk County Court 

County. W. Va. 

West Virginia. 

To the Secretary Board of Education of District: 

The assessed valuation of the real estate in your district on the 

first day of January, 19 . . , aggregates $ 

Given under my hand the day of , 19 . . 



Clerk of County Court. 

A copy of this notice should be sent to the secretary of each dis- 
trict at the very earliest moment possible, as he must have it at the 
annual meeting of the board of education on the first Monday in 
July. 

The assessor of every assessment district shall make out and de- 
liver to the secretary of the board of education of each district and 
independent school district in his district, on or before the first day 
of July in each year, a certificate showing the aggregate value of 
all personal property; and the clerk of the county court shall cer- 
tify to the said secretary the aggregate value of all real estate in 
such district or independent school district, which certificates shall 
serve as a basis for any levy that may be made for school purposes 
for that year. (Section 43 School Law.) 



120 School law of West Virginia 

FORM XV 

county clerk's notice to secretaries of delinquent lists 

Office Clerk County Court 

County. 

West Virginia. 

To the Secretary Board of Education District: 

The sheriff of county is entitled to credits for the 

delinquent list (including property erroneously and improperly 
charged) for the year ending June 30, 19. . : 

On Real Estate for Teachers' Fund, $ 

On Personal Property for Teachers ' Fund $ 

Total for Teachers' Fund, $ 

On Real Estate for Building Fund, $ 

On Personal Property for Building Fund, . . , $ 

Total for Building Fund, $ 

You will charge the sheriff with the following amounts, certified 
by the Auditor as paid to the sheriff on account of redemption of 
delinquent lands paid into the treasury before sale : 

For Teachers' Fund, : $. . - 

For Building Fund, $ . 

Given under my hand the day of , 19 . . 






Clerk of County Court. 

The said lists shall be returned to the county court before the first day of July 
in every year, and the list of real estate shall be examined, corrected and allowed 
by said court, and a copy thereof certified to the Auditor, and another copy to the 
assessor for future use in making out the next land book. The list of personal 
property shall also be examined, corrected, and allowed by the court, and the 
amount thereof so allowed, together with the amount allowed of the list of real 
estate, shall be certified by the clerk of said court to the secretary of the board 
of education of the proper district. The original list shall be preserved by the 
clerk of said court in his office. — Sec. 48, Scliool Law. 

FORM NO. XVI. 

TRUANT OFFICER'S NQTICE 

, W. Va.. , , 190. . 



M, 



Dear 

You are hereby notified that the attendance of , 

, and 

being under your control are required to attend school and according 
to the provisions of section 10a, Chapter 45 of the Code as revised 
by the Legislature of 1903, such attendance must commence within 
five days from receipt of this notice unless due cause be shown why 
such child or children should not attend. 



School Law of West Virginia 121 

Should you fail to comply with the requirements of this law, you 
will be subject to a fine of two dollars for the first offence and five 
dollars for each subsequent offence. 

Respectfully, 

Truant Officer, 

District County, West Virginia. 

Note. — This notice should be mailed where practicable, otherwise it must be 
delivered by the truant officer in person or sent by a reliable carrier. 

FORM NO. XVII 



Members Board of Education, District, County, 

West Virginia. 

Gentlemen : I hereby certify that I have investigated 

cases under the truancy law during the month of , 19 . . , 

of which number were prosecuted and con- 
victed. I have mailed .... notices, delivered in person .... notices 
and sent by other means .... notices. 

In all I have spent hours* or days and .... hours 

in the discharge of my duties as truant officer. 

Respectfully, 

Truant Officer, 

District, County, W. Va. 

Personally appeared before me, of 

County, the said and, on oath, says that the above 

report is true and correct, to the best of his knowledge and belief. 
Given under my hand this clay of , 190.". 



* Note. —Nine hours should be reckoned as constituting a day. 

FORM NO. XVIII 

TRUANT OFFICER *S STATEMENT TO SHERIFF 

, W. Va., 190.. 

M , 

Sheriff of County, 

W. Va. 

Dear Sir: Under the provisions of Sec. 10a, Chap. 45 of the Code 

the following fines were imposed in district 

County, under my jurisdiction during the month of . 19. . : 



122 



School Law of West Virginia 



NAME. 


Address. 


Date. 


Amount of 
Fine. 


Child For Which 
Fined. 


Age of 
Child. 








9 




























































• 










"" 













































Total ! 




§ 

















Respectfully submitted, 

, Truant Officer. 

. . District Countv, \Y. Va. 



FORM NO. XIX 

STATEMENT OF APPORTIONMENT OF THE GENERAL SCHOOL FUND 

STATE OF WEST VIRGINIA, 

Department of Free Schools. 

Charleston, June , 190 . . 

To , County Superintendent, 

* i , W. Va. 

Dear Sir : 

The following is the amount of the General School Fund appor- 
tioned to your county for the vear beginning July 1, 190. ., and end- 
ing June 30, 190. . : 

Net amount apportioned '. $ 

County Superintendent 's salary $ 

Gross amount apportioned $ 

Total enumeration of your county, 

You will please make the apportionment of the above NET amount 
among the several districts of your county at once that the boards of 
education may have the same in their hands at their first meeting in 
July. 

Respectfully. 



State Superintendent of Free Schools. 






School Law of West Virginia 123 

FORM NO. XX 

SCHOOL BOOK BOND 

Knoiv all men by- these presents. That we 

, Principal, and anil 

sureties, are held and firmly bound unto 

the State of West Virginia, in the sum of ten thousand ($10,000) 
dollars, lawful money of the United States of America, to be paid 
unto the said State, for which payment well and truly to be made, 
we bind ourselves, our heirs, executors and administrators, jointly 
and severally, firmly by these presents. 

Sealed with our seals and dated this day of. , 

in the year one thousand eight hundred and ninety 

Whereas, by a certain agreement in writing, bearing date on the 

day of 190 . . , the above bounden 

has covenanted, promised and agreed with the School Book 

Board of County to supply certain school text-books 

for use in the free schools of said County and State, as will in the 
said agreement more fully and at large appear:— 

Now, therefore, the condition of the above obligation is such that 

if the said shall faithfully, fully 

and entirely do, perform, keep and observe the said agreement, and 
every such agreement hereafter or heretofore made with any onther 
School Book Board of any other county within this State, and each 
and every of the covenants, provisions, agreements, terms and condi- 
tions on h part to be done, performed, kept and observed, then 
this obligation shall be void, otherwise to remain in full force and 
virtue. 



FORM XXI 

SCHOOL TEXT-BOOK CONTRACT 

THIS AGREEMENT, Made and entered in to this day of 

, in the year of our Lord, one thousand nine hundred 

and by and between the School Book Board of 

County, State of West Virginia, under and by authority of the act 
of the Legislature of said State passed on the 19th day of February, 
1897, entitled "An Act to establish a School Book Board in every 
county of the State and to prescribe its duties ; to provide for the sale 
of school text-books, and to provide penalties for violations of this 

act," party of the first part, and part of the second 

part: 

WITNESSETH :— That, Whereas, the said part of the second 



124 School Law of West Virginia. 

part, the publisher of certain text-books authorized by law to be used 
in the free schools of said State of West Virginia, has agreed to fur- 
nish the following text-books to every board of education or its 
agents, depositary, agent of the party of the first part hereto, or to 
any dealer or other person of the county, to be used in the free schools 

of said State in the county of for the term of five 

years from the .... day of , 190 .. , and at the prices 

hereinafter specified, that is to say: 

[Here state full and accurate title of each book, name of author, and name of publisher, 
and price, including prices agreed on for exchange for other books, and for introdu 
if any such prices for exchange or introduction are agreed on.] . 



Now, Therefore, In consideration of the premises the part 
of the second part hereby agree to furnish, and the party of the first 
part agrees to purchase at the contract prices set opposite the title 
to each book set forth in this agreement for the period of five years, 

from the .... day of , 190 . . , the school text-books 

hereinbefore described in adequate quantities and as needed from 
time to time for the supply of said schools, and in quality of paper, 
typography and binding equal to the sample copies furnished to 

, County Superintendent of Free Schools for said 

County, as provided in Chapter 62, Sec. 8 of the 

Acts of 1897. 

It is further stipulated and agreed that the said part of the sec- 
ond part shall make no changes in said books used in the free schools 
of this State during the continuance of this contract, except as here- 
inafter provided. 

It is further stipulated and agreed that the said part of the 
second part shall print for the information of the County Superin- 
tendent, Boards of Education, and for general circulation, a com- 
plete schedule of the contract prices and exchange prices agreed 
upon, and furnish to the County Superintendent at least as many, 
copies thereof as there are school houses, and places, in the said coun- 
ty of 

It is further stipulated and agreed that no charge shall be made 
by the second part to the boards of education, depositaries, or 
other persons, for the boxing and cartage of such books, but said 
books shall be delivered free of charge in good condition and prop- 
erly packed on board the railroad cars at in the county 

of and State of 

It is further stipulated and agreed that at the expiration of this 
contract the said part shall take back all copies of books that 



School Law of West Virginia. 125 

may be in the hands of said boards of education, school book boards, 
or the agents of either, and depositaries, and in good condition, and 
refund the amount paid therefor. 

It is further stipulated and agreed that if any of the books here- 
inbefore named are geographies, the said part of the second 
part may from time to time make such changes as may be necessary 
to cause such books to conform to the facts as to later explorations, 
the changes in forms of governments and political divisions, and the 
discoveries of science, but such changes shall not be made so as to 
alter the arrangement of the books. 

It is further agreed that all the provisions of said act whether in- 
corporated in this agreement or not shall be binding on the parties 
hereto, and shall be taken, treated and deemed as a part of this agree- 
ment. 

In Witness Whereof, this agreement has been subscribed by the 

said party of the first part by its President, and by 

the part of the second part, this day and year first above written. 

The School Bool- Board of County. 

By , President. 






SCHOOL CALENDAR 



JULY. 

1. School year begins. 

Member of board takes office. 

(Or before) Assessor certifies value of property. 

(Or before) Sheriff settles with Board of Education. 

(Before 1st day of July) Sheriff reports delinquent property. 

1st Monday. Board of Education meets. 

(Or as soon thereafter as practicable) Board of Education lays levies. 

1st Wednesday. Presidents meet to appoint examiners. 

4. Legal holiday. 

3rd Monday. Trustees meet to employ teachers. 

20. (Or before) Secretary reports rate of levy. 

AUGUST. 

1. (Or before) County Superintendent makes report to State Superintendent. 

SEPTEMBER. 

1. Auditor reports condition of school fund to State Superintendent. 
1st Monday. Legal holiday. 

NOVEMBER. 

Last Thursday. Thanksgiving Day. Legal holiday. 

DECEMBER. 

25. Christmas, Legal holiday. 

JANUARY. 

1. New Year's Day. Legal holiday. 

(Or before) State Superintendent makes report to Governor. 

FEBRUARY. 

22. Legal holiday. 

APRIL. 

1. (Or before) Teachers make enumeration. 

15. (Or before) Secretary transmits copy of enumeration to County Superintend- 
ent. 

MAY. 

1. (Or before) County Superintendent forwards to State Superintendent report of 

enumeration. 
30. Legal holiday. 

JUNE. 

10. 'Or before) Auditor notifies State Superintendent of amount of general or 

distributable school fund. 
,30. School year ends. 



INDEX 



AGE Page. Sec. Opx. 

requirement of teachers 36 28a .... 

limits for compulsory attendance 16 10a 

school 15, 16 10 

classification of youth with regard to 25 19 .... 

AGRICULTURAL EXPERIMENT STATION 

establishment of and provisions relating to 82, 83 86a .... 

bulletins issued by 83 86a 

ALCOHOLIC DRINKS AND NARCOTICS 

effects, of upon the human system, special instruction in. . . . 18 11a .... 

to be taught as thoroughly as other branches 18 11a .... 

penalty for failure to make the provisions for instruction in 18 11a .... 

teachers to be examined in 18 11a .... 

ASSESSOR 

to certify value of personal property to secretary; when.. 52 43 .... 

penalty on, for failure to certify value of personal property 53 44 .... 
penalty on, for charging a greater amount of taxes than is 

due 53 44 

fines against, how recovered 53 44 .... 

form of delinquent list of personal property to be used by. . 57, 58 47 .... 

to furnish list of property in sub-district 20 26 .... 

to register names of deaf and blind persons 93 98a .... 

AUDITOR 

not to pay State fund to districts not making local levy. ... 52 42 

delinquent list to be certified to 58 48 .... 

to include school taxes on real estate in delinquent list fur- 
nished sheriff 59 49 

to deduct salary of State Superintendent from general school 

fund 73 60 

to certify to State Superintendent amount of general school 

fund for distribution 73 61 

te issue warrant for amounts of general school fund due 

county ; when 74 62 .... 

to report condition of school fund to State Superintendent: 

when 76 6$ 122 

is custodian of the school fund securities 78 74 .... 

fees from examinations sent to 38 28a .... 

BLUEFIELD COLORED INSTITUTE 

name, appropriation and provisions for 104, 105 98c .... 

branches to be taught 105 9Sc .... 

BOARD OF BALLOT COMMISSIONERS 

special provisions as to ticket 9 2 .... 

duties of commissioners 10, 11 3 .... 



128 Index 

BOARD OF EDUCATION Page. Sec. Opn\ 

who constitute S 2 .... 

time in which membex's to qualify 11 

members of, ineligible to other school offices 8 

tie in case of election of, how decided 9 

presidents of, to elect county superintendent in case of tie. . 9 

application of, to board of ballot commissioners 9 

to submit question of additional months of school; how.. 9,10 : 

to make iequired levies 9 

to require course of study to be carried out 18 

time of first meeting of each school year 11 

members of, must not be interested in school contract 47 

vacancies in ; how filled and what time 11 

to determine the number of teachers to be employed 12 

no business to be transacted without a quorum of, ex- 
cept what 12 

compensation of members of 12 

a corporation with corporate rights 12 

may receive, hold and dispose of what 12 

process, how served on 12 

have control and supervision of schools in district 14 

may change boundaries of sub-districts 14 

duty of, in case county court change district boundaries. . 14 

to cause school to be kept in each sub-districts 15 

to employ teachers in case trustees fail to do so 15 

to have revision of acts of trustees 19 

to pay another district tuition for transferred pupils 19 

may declare teacher's contract illegal 20 

to furnish blank record book for trustees 24 

to apportion school fund to colored pupils ; when 24, 25 

to give order to discontinue use of unauthorized texts .... 71 

may be compelled by mandamus to divide funds 25 

to require enumeration of school youth to be made 25 

charged with the duty of moral training 45 

to provide suitable houses and grounds 46 

not to be interested in contract for building or repairing 

house 47 

judgment or decree, for money, against 48 

indebtedness of, must be paid, how 48 

to determine the rate of taxation necessary for teachers' and 

building funds 52 

must not contract debt 53 

to require secretary to publish statement 54 

to make settlement with sheriff 50 

fine on for refusing to make settlement with sheriff 60 

members of liable to fine for neglect of duty 72 

not to receive part of school fund unless local levy has been 

laid 73 

not to pay for abstract of sheriff's settlement 57 

members of not to act as agents 64 

to pay for books and transportation out of building fund 70 

authorized to purchase books from scholar 71 

may provide free text books 71 

to enter order for free books 71, 72 

liable for amount of books furnished depositaries 69 

may remove depositary 70 

to require bonds of all contractors 47 

BOARD OF EXAMINERS 

of whom composed 32 



2 




o 


. . . . 


2 




2 




,2a 




2 




11 


22 


6 




34 


89 


5 




6 




6 




6 


9 






7 


.... 


7 


.... 


9 




9 




9 


15 


10 


.... 


10 




12 




12 




13 




16 




18 




58 


.... 


18 




19 


50 


32 




34 


SS 


34 


89 


37 


.... 


37 


.... 


44 


105 


45 




45 




46 


108 


52 




59 




61 






112 


57 


120 


58 




58 




58b 




585 




58 




58 




34 





Index 129 

Page. Sec. Opm. 

qualifications of members of :>- 2~ .... 

members of; bow nominated, when elected, term 32 27 57,58 

compensation of members of 32 27 .... 

members of, cannot issue certificates to each other. .' 35 . . 71 

members of, may teach without certificate 34 28' 70 

BOARD OF THE SCHOOL FUND 

fixed by constitution 6 4 .... 

of whom composed 76 69 .... 

organization of 76 69 .... 

meetings of, where held : 77 70 .... 

to recover money due school fund ; how 77 71 .... 

may appoint agents 77 72 .... 

to invest the school fund ; how . .'. 77 73 .... 

Auditor to be accountant of 78 74 .... 

BONDS 

constitutional provision 5 8 .... 

publisher's bond 68 58 .... 

depositary's bond 68 58 .... 

to be given by county superintendent ; 62 53 .... 

to be given by contractors 47 34 .... 

special, to be given by sheriff 55 46 .... 

BOOKS 

.officers and teachers not to act as agents for, except 7, 64 9,57 120 

price to be fixed 66 58 .... 

notice to be sent State Superintendent 66 58 .... 

not more than one book changed except 67 58 .... 

invoices of books 69 58 .... 

old books to be received in exchange 71 58 .... 

free text 71 58b 

secretary to have control of free books 72 58b .... 

teachers to distribute free books 72 58b .... 

free text books how purchased 72 58b .... 

BRANCHES TO BE TAUGHT IN THE PRIMARY SCHOOLS 

enumeration of , 17 11 20, 31 

BRIBERY 

of district school officers, how punished 21 13 .... 

BUILDING FUND 

maximum rate of levy for 49 38 94 

for what purpose to be used 49 38 96 

from what sources derived 50 39 98 

not to be used to pay debts against teacher's fund „. . . . 50 39 97 

money from sale of books to be credited to 69 58 .... 

books and transportation to be paid out of 70 58 .... 

CADETS 

appointment of 81 82 .... 

to have free books and stationery 82 83 .... 

CALENDAR 

of school year 126 .... 

CERTIFICATE 

grade of t<> determine Date of salary 12 6 .... 



130 



Index 



teachers must file duplicate of 

three grades issued 

applicant for to be examined in physiology and hygiene 

valid in any county in the State 

signed by State and countersigned by county superintendent. 

good for five, three and one years respectively 

not to be renewed 

grades of 

all grades of issued at same examination 

(See, also, State Certificate.) 



Page. Sec. Opn 

38 28a 

36 28a 
18 11a 

37 28a 
37 28a 
37 28a 
37 28a 
36 28a 
36 28a 



CHANGES IN SUB-DISTRICT 

by whom and when made 14,15 9 

appeal to county superintendent concerning 15 9 



CLERK OF COUNTY COURT 

to call meeting to elect county superintendent in case of tie 

to call meeting to fill vacancy 

to give notice of such meeting 

to certify valuation of real estate to secretary ; when 

to certify delinquent taxes -. 

to certify delinquent list to secretary 

to place delinquent list of personal property in hands of sheriff 

to keep record of settlement with sheriff 

to transmit to State Superintendent abstract of annual settle- 
ment 

to certify to State Superintendent name of county superinten- 
dent 

levies for school purposes to be reported to 

COLORED SCHOOLS 

trustees to establish, when 

to receive proportion of district funds 

trustees to make report of 



white children not to attend . . . 

secretary to make report of. 
training of teachers of 



COMMISSIONER 

when elected, term and commencement, 
of election, duties 



COMPENSATION 

of truant officers 

of institute instructors. 



COMPULSORY ATTENDANCE 

non-attendance, what constitutes. 

truant officers 

exemption from ". 

fines for non-attendance 

teachers and principals to report, 
law applies to all districts 



CONTRACTS 

form of contract between teacher and trustees 

school officers not to be interested in contracts for buildings, 
form of contract with publishers 



9 

62 


2 
53 




9 


2 




52 


43 




56 


46 


112 


59 


48 


113 


59 


51 




59 


52 





60 52 



62 


53 


6 


7 


24 


17 39 


25 


18 


26 


20 42 


7 


8 


24 


17 


94 


986 


27 


21 


88 


96 


8 


2 1 


10 


3 


17 


10a 


43 


30 


16 


10a 


16 


10a 


16 


10a 


16 


10a 


17 


10a 


17 


10a 18 


115 




46 


34 89 


67 


58 



Index 



131 



CONTRACTORS Page. Sec. Opn. 

bonds of 47 34 

security to be given by 47 34 .... 

COUNTY COURT 

to pass upon special bond 55 40 

delinquent list to be returned to. 58 48 

to certify delinquent list to assessor 58 48 .... 

to make settlement with sheriff or collector 50 40 .... 

COUNTY SUPERINTENDENT 

constitutional provision concerning 5 3 .... 

qualifications of 00 53 

election of, length and commencement of term ot 8 2 ..... 

who to be elected in case of tie 9 2 .... 

salary of, how paid 00, 01 53 117 

salary for last quarter not to be paid till report is made. ... 01 53 114 

bond of 02 53 

to notify State Superintendent of his election 9 2 

to visit all schools in his county yearly 02 54 77 

forfeit for failure to visit schools 01 53 

to acquaint himself with the schools of his county . ... 03 54 

to acquaint himself with school house architecture 47 35 92 

to cast vote in case of a tie vote for member of board of edu- 
cation 2 

vacancy in office of, how filled 02 53 

to pay salary of secretary of board of education 14 8 

to certify to State Superintendent value of pvoporty, rates of 

levy 14 8 

appeal to, regarding district boundaries 15 9 17 

action of, in case of appeal regarding sub-district boundaries 15 9 

action of, when enumeration of youths has not been received 20 19 

to certify enumeration of youth to State Superintendent. ... 20 19 

to make annual report to State Superintendent 28 22 40 

to nominate members of board of examiners 32 27 52, G3 

to collect examination fees 38 28a 

to remit balance of fees to Auditor 38 28a 

to scud manuscripts sealed 30 28a 

to countersign certificate 37 28a 

to name place of examination 35 28a 

to forward to Auditor institute fees 43 30 

to advise State Superintendent regarding county institutes. ... 43 30 

to determine location of school houses, when 40 34 90, 91 

to approve plans of new school houses 47 35 92 

fro advise beards regarding school houses, furniture, and 

fixtures 63 5 1 

to aid teachers in improving themselves 98 . r >.~. 

to encourage and aid institute work 63 55 

to join in union institutes •'•:: 55 

to conform to the Instructions of the State Superintendent.. <*»:'> ."»•". 

to distribute school supplies for his county •!:» 55 

to make detailed report to State Superintendent 63 50 119 

to report districts that have failed to make levy .64 56 

to report to Auditor districts voting down levy ">!' rj lo4 

to record his proceedings in a well hound hook 1 .">»'. 

to apportion the general school fund among districts 7:'. <»1 

to issue requisition for amount of school fund due districts.. 74 62 

to give consent to sale of property 45 :'>■"« 

fo call meetings Of county hook hoards 66 58 



132 



Index 



COURSE OF PROFESSIONAL STUDY Page. Sec. Opn. 

to be prescribed by State Superintendent 43 30 .... 

what to embrace 43 30 .... 

teachers to be examined in 44 30 .... 

COURSE OF STUDY 

State Superintendent to prescribe for county and village 

schools 17 11 2. 

order and arrangement of 18 11 .... 

county superintendent to enforce uniformity 63 54 .... 

DEPOSITARIES 

board may appoint 68 58 

to execute bond 68 58 

depositary's commission 69 58 

to make out list of text books needed 68 58 

to receive books in exchange 71 58 

to make payments to sheriff ." 69 58 

board may remove 70 58 

to turn over superseded books to board 71 58 

DIRECTORS 

of joint high school 30 25 

report of 30 26 

DISTURBANCES 

penalties for, of schools, societies, etc 23 15a-15o 

ELECTION 

of county superintendent 8 2 

of president and commissioners 8 2 

when to be held 8 2 

ballots, what to be written or printed thereon 9 2 

special, when and for what purpose 9 2 

days, holidays • . . 108 . . 

vote upon the question of a high school . 29 24 

vote upon question of increased levy for graded school 31 26 5 

vote upon question of longer term 51 41 

officers, liability of 10 3 

special for school purposes 10 2a 

ENROLLMENT FEE 

institute 43 30 

ENUMERATION OF YOUTH 

how, when, and by whom to be taken 25 19 

how to be taken in districts from which there have been trans- 
fers ^ 19 12 

penalty for not taking 25 19 

secretary to keep record of 25 19 

county superintendent to report to State Superintendent.... 26 19 

in two classes 25 19 

EXAMINATION OF TEACHERS 

in what branches 34 28 .... 

in what branches 40 29a .... 

in what tranches 36 28a .... 

when and where 35 28a 84 

general regulation and control vested in State Superintendent 35 28a .... 

penalties for cheating in 37 2S« .... 

(See also State Board of Examiners.) 



IXDEX 



133 



FINES 

for failure to comply with compulsory attendance law. 

to be remitted to sheriff 

for tampering with examination questions 

for failure to teach nature of alcoholic drinks 

against school officers for being interested in contracts. . 

against assessors, how recovered 

against assessors for overcharges of taxes 

against assessor for failure to deliver certificate 

against members of board for failing to make settlement. 

against sheriff for failure to make settlement 

for using unauthorized text- books 

for violating county text book law 

against members of school beard for neglect of duty. . . . 
for molesting or disturbing schools 



FIRES 

trustees required to provide for building, 
maximum to be paid for building 



FLAGS 

may be bought 

trustees to cause teachers to keep displayed. 



FORFEITS 

by teachers who use unauthorized text-books. 

for failure to return term register 

for failure to visit schools 



FORMS 

of delinquent list 

of county superintendent's requisition 

of assessors' delinquent list of personal property 

of county clerk's delinquent list of real estate 

of record to be entered by board of education 

of appointment of trustees 

of order to fill vacancy in board of trustees 

of order to fill vacancy in board of education 

of oath of office 

for sheriff's annual settlement 

for call for special meeting 

for transfers of pupils 

of contract between trustees and teacher 

of county superintendent's certificate to Auditor 

of county superintendent's certificate to secretaries 

of county superintendent's certificate of State fund , 

of assessor's notice of valuation of personal property 

of county clerk's notice of assessed valuation of real estate 

of county clerk's notice of delinquent lists 

of secretary's notice of rate of levies 

of truant officer's notice 



FREE SCHOOLS 

duty of legislature concerning .' 

levies for. to be reported to clerk of county court. 



white and colored persons not to attend same s< 



persons connected with not to be interested in -> 
persons above twenty-one years of age may attend: wheu. . 
may be discontinued under the thirty-five pet 
-penalty for molesting or disturbing 



Page. 


Sec. Op> 


. 


16 


10a IS 


17 


10a . . . 




37 


28a 






18 


11a 






47 


34 






53 


44 






53 


44 






53 


44 






60 


52 






60 


52 






71 


58 






71 


58 






72 


50 






22 15a 15?) 








32 85 


45 


32 


108 




108 




71 


58 


42 


30 


61 


53 


58 


47 ... 




74 


62 






58 


47 














110 


&c 






I'll 








112 








112 








112 








113 








113 








114 








115 








117 








116 








118 








118 








119 
















118 








120 








5.6 


1-5 


6 


7 .... 


7 




24 


17 


04 


08 'j 


7. 64 




1!) 











134 



Index 






FREE TEXT-BOOKS 

boards may purchase. . 
to be kept by secretary, 
control and care of 



FURNITURE, FIXTURES, AND APPARATUS 
to be provided by the board of education . . . 
to be kept in good order and repair 



GENERAL SCHOOL FUND 

from what source derived 

how and when distributed 

amount of, for distribution to be certified to State Superinten- 
dent 



Page. 


Sec. Opn 


71 


586 ... 


71 


58ft ... 


72 


5Sb . . . 


46 


34 . . .' 


46 


34 ... 


72 


60 ... 


73 


60 ... 



73 61 



GOVERNOR 

to appoint regents of the University 

to fill vacancies in board of regents of University 

to appoint regents of Normal Schools 

to appoint regents of Schools for Deaf and Blind 

to appoint directors of Reform School 

to fill vacancies in board of directors of Reform School 

to appoint regents of Bluefield Colored Institute 

to appoint regents of West Virginia Colored Institute. 



GRADED SCHOOLS 

may be established, how 

how term may be extended in. 



70 


78 .. 




80 


78 .. 




84 


87 . . 




89 


98a . . 




97 


98c .. 




97 


98c .. 




104 






95 


98b .. 




31 


26 52,53 


31 


26 54,55 



HIGH SCHOOL 

may be established ; how 29. 30 24, 25 

to be discontinued ; when 

additional levy for 

joint high school 

directors of joint high school 

care and direction of joint high school 

report of directors of joint high school 

HOLIDAYS 

days ob which school is not to be kept 

election days 

designated 



53 



INDEBTEDNESS 

constitutional provisions concerning, 
against teacher's fund: how paid... 



INDEPENDENT SCHOOL DISTRICTS 

constitutional provision concerning. 

compensation of members of board 

not to receive part of State fund unless levy has been made. . 

INSTITUTES 

for what purpose established 

how, when, and where to be held 

to be instructed by whom 

compensation of instructor of 

State appropriation for 

course of work for 43, 44 

teachers failing to attend not entitled to teach 

excuse for non-attendance at 



20 


13 


29 


24 


30 


25 


30 


25 


30 


26 


30 


26 


45 


31 


108 




5 


8 


51 


40 


7 


10 


12 




25 


42 


42 


30 


4:: 


30 


43 


30 


43 


30 


44 


30 


, 44 


30 


44 


30 


45 


30 



103 



75 



Index 135 

Page. Sev. Opn. 

district institutes . 61 53 .... 

pay for attending district institutes 61 53 .... 

pay for attending county institutes 43 30 .... 

IRREDUCIBLE SCHOOL FUND 
(See Permanent School Fund.) 

JUSTICES 

to remit fines to sheriffs 17 10a .... 

KEYSER PREPARATORY BRANCH 

Preparatory Branch of the University.* 

KINDERGARTEN SCHOOLS 

may be established 32 26a .... 

teachers in 32 26a .... 

LANDS FOR SCHOOL PURPOSES 

boards of education to purchase 46 34 .... 

how to be condemned 48 36 93 

how rfiay be sold 46 33 86 

exempt from taxes 4S 37 .... 

exempt from execution or other process 48 37 .... 

LEGISLATURE 

shall encourage moral and educational improvement 7 12 .... 

must make suitable provision for whom 7 12 .... 

LEYY 

for joint high school 30 25 

ballots for question of school levy 2 

how long to continue after election -9 2 

special, may be made 50 40 100 

for building fund 49 38 

for support of schools 50 40 

special for indebtedness , 50 40 

necessary to get State fund 52 42 114 

assessor's certificate, basis of 52 4.°. 

special elections for 10 2a 

LIENS 

on real estate for district levies 59 50 .... 

MAGISTERIAL DISTRICT 

constitutional provision for .". 27 .... 

to be school districts 8 l .... 

to be divided into sub-districts 8 1 .... 

not to receive part' of State fund unless levy has been made 52 42 114 

NOU ATT CX DANCE 

what constitutes 10 lOfl .... 

fine for 1 <; 10a .... 

teachers and principals to report 16 K'<i . ... 

NORMAL SCHOOL 

State Normal Schools.) 

OATH OF OFFICE 

required by constitution 

time in which to take 11 5a .... 

ary of hoard may administer H 8 .... 



Index 



officers 

may be removed for what 

subject to indictment for what 

fine for, when other penalty is not fixed, 
truant 



3 6' 

4 4 

75 59 
16 10a 



Opn. 



ORDER OF BUSINESS 

for meeting of board of education. 



100. 110 



PERMANENT SCHOOL FUND 

constitutional provision relating to 

report of condition of, to be made to State superintendent. . 

board of, of whom composed 

Auditor to ascertain what sums have accrued 

how to be invested 

stocks transferred to 



To 

TO 



4 
68 
69 
73 
73 
f3a 



PREPARATORY BRANCH OF THE UNIVERSITY 
(At Montgomery.) 

appropriations for and regents of 

power of regents, property, and general provisions. 
(At Keyser.) 

name 

appropriations for 

board of regents, etc 



PRESIDENT OF BOARD OF EDUCATION 

when elected, length of term and commencement. 

to sign orders upon the sheriff 

vacancy in office, how filled 

to elect board of examiners 

to visit school houses and make report 

to fill vacancy in office of county superintendent, 
cannot be a member of the board of examiners. 
to sign list of books needed 



102 




103 




1 05 




106 




106. 


107 


8 


2 


12 


6 


11 


5 2 


32 


27 57. 63 


45 


33 


62 


53 


S3 


64 


68 


58 .... 



PRIMARY SCHOOLS 

branches to be taught in. 



11 



2'} 



PROFESSIONAL STUDY, COURSE OF 
(See course of professional study.) 



PROSECUTING ATTORNEY 

duty in case sheriff fails to make settlement 

to instruct boards' of education 

PUBLISHERS 

who fail to fulfill contract 

to give bond on county contract ; . . 

to send books promptly . . . 

to make out two bills of books 69. 

PUPILS 

must attend school twenty weeks 

to replace free books injured or destroyed by them 

legal age of 

may be expelled or suspended 

pay 

QUORUM 

of trustees 

of school book board 



60 


52 


48 


36 


67 


58 


68 


58 


69 


58 



16 


10(7 


72 


586 


16 


10 


20 


18 


16 


10 


28 


16 


65 


58 



Index 



13 



REGENTS Page. Sec. Opn 

of the University ; when and how appointed 79 73 

expenses of University regents 82 84 

of State Normal School 84 87 

of the Preparatory Branch of the University at Montgomery 103 98 

of Keyser Preparatory Branch of the University 106 

of West Virginia Colored Institute 95 98& 

of West Virginia Schools for Deaf and Blind 89 98a 

of Bluefield Colored Institute 104 98 

of West Virginia Reform School 97 98c 

REGISTERS 

term and daily 42 30 .... 

to be returned 42 30 .... 

penalty for failure to return 42 30 .... 

relationship exclusion laws 20 13 .... 

REPORTS 

trustees' 26 20 

secretary's 26 21 .... 

county superintendent's, of enumeration 26 19 47 

county superintendent's, to State Superintendent 28 22 46 

of principals of normal school 87 95 .... 

of teachers and principal, of truants 17 10a .... 

of institute 43 30 

SALARY 

of teachers fixed by board of education 12 6 

to be fixed according to grade of certificate 12 6 

minimum to be paid teachers . 12 6 

of truant officers 17 10a 

institute instructors 43 30 

SCHOOL AGE 

and who may have school privileges 16 10 

SCHOOL BOOK BOARD 

county, general provisions in regard to 64 53 

members of, how appointed, &c 65 58 

quorum of county 65 58 

first meeting of, when 65 53 

to secure terms and fix retail price 66 58 

not to change more than one book or series in one year except 67 53 

to meet three months before county contract expires 66 58 

not to change more than one book or series in one year except 

dealers to get same prices as boards 67 58 .... 

SCHOOLS 

may be discontinued, when 20 13 .... 

separate for colored pupils 24 17 .... 

SCHOOL FUND 

(See Permanent school fund and General school fund.) 

SCHOOL HOUSES 

to be provided by board of education 40 rw .... 

how to be located 46 34 90. 01 

for union schools ; how provided 40 84 ^7 

plan to be approved by county superintendent 47 35 .... 

how sold at public auction 40 

proceeds of sale of school property 40 83 .... 

how school property may be reconveyed to grantor 18 

title to property, on which are located 88 



138 



Index 



SCHOOL MONTH 

to consist of twenty days not including Saturday 



Page. Sec. Opn. 
42 30 



SCHOOL OFFICERS 

teachers are 

not to act as agents, 
not to act as agents. . 



14 
68 



58 



11 
120 



SCHOOL TERM 

increase in length of. 
increase in length of 
minimum length of . 



SCHOOL YEAR 

to commence and to end ; when 

all settlements to be made with respect to. 
calendar of 



SECRETARY OF BOARD OF EDUCATION 

appointment of 

to give notice of special election 

to sign orders on sheriff 

official records to be kept by 

to be custodian of records for the board 

to publish abstracts of proceedings ; when 

to certify value of property, rate and amount of levy 

to keep record of enumeration and to certify to 

to make report of colored schools 

to file teachers' term register 

to publish statement when expenditures equal $3,000 

compensation of 

secretary's remuneration for report 

no additional compensation 

report of, to county superintendent 

to sign depositary's list of books and send to publishers 

to have charge of free text books and deliver same to teachers 
remuneration for handling free text books 

SECRETARY OF COUNTY SCHOOL BOOK BOARD 

county superintendent to be < 

to keep record of business 

to keep record of votes 

to report to State Superintendent 

to furnish State Superintendent with names of publishers .... 



SHERIFF 

to receive, collect and disburse school moneys 

required to give special bond ; when 

to collect levies of board of education 

to pay teachers monthly 

to serve notice on members of board of education 

annual settlement of, with county court 

to keep account with the several boards of education .... 

settlement of, with board of education 

to be credited with delinquent taxes 

to be credited with all vouchers in hand 

not to receive pay for disbursing State school fund 

commission of, for receiving and disbursing railroad taxes. 

judgment against, may be obtained ; how 

may be required to endorse school order 

to return delinquent lists 



10 


26 




50 


40 


100 


28 


23 




28 


23 48,50 


126 






13 


8 




9 


2 




12 


6 




13 


8 




13 


8 




13 


S 




27 


21 


45 


25 


19 


40 


26 


20 




42 


30 


76 


54 


45 


106 


14 


8 




27 


21 


116 


55 




108 


27 


21 




68 


58 




72 


586 




72 


586 




64 


58 




65 


58 




65 


58 




66 


58 




67 


58 




55 


46 109 


,110 


55 


46 




53 


44 . 




42 


30 




9 


2 . 




6 


7 




55 


46 . 




55 


46 


108 


56 


46 . 




56 


46 . 




56 


46 . 




56 


46 . 




56 


46 . 




57 


46 . 




58 


47 . 





Index 139 

Page. Sec. Opn. 

form of oath of, to delinquent lists 58 47 

to receive delinquent list of personal property % . . 59 51 

commission of, for collecting district levies. . . 59 52 

liable if he refuse to pay orders 70 58 

to make annual settlement with county court . . 52 

duty of. on making final settlement 60 52 

to give duplicate receipts to depositaries 69 58 

to receive portion of general school fund 74 62 

truant offlcers to report to 17 10a 

STATE BOARD OF EXAMINERS 

of whom to consist : how appointed and term 40 29a 

meetings and stated examinations ' 40 29a 

vacancies, how filled * 40 29a 

compensation and traveling expenses of members of 41 29a 

certified account of, to State Superintendent of Free Schools. . 41 20a 

record of proceedings of 41 29a 

STATE CERTIFICATES 

classes of, to whom issued 40 29a 74 

how issued to graduates 40 29a 74 

to be Countersigned by State Superintendent 41 29a .... 

valid in any school district 41 29a .... 

fees for 41 29a .... 

STATE NORMAL SCHOOL AND ITS BRANCHES 

establishment of 84 87 

regents of, how appointed ; duties 84 87 

executive committee of, how appointed ; duties .- . 86 89 

branch of, at Fairmont, established 86 90 

branch of, at West Liberty, established 86 91 

branch of, at Glenville, established 86 92 

branch of. at Shepherdstown, established 87 93 

branch of, at Concord, established 87 94 

reports of principals of, to president of regents 87 95 

students admitted, &c 88. 96.97 126 

no more appropriations for establishing new branches of . . . . 7 11 

unearned portion of appropriation for SS 97 

dealing with students of 88, 99 98 

STATE SUPERINTENDENT OF FREE SCHOOLS 

constitutional provisions relating to 

qualifications of : 

expenses, limit of 

to have general regulation and control of uniform examina- 
tions 

may revoke certificates 

to prescribe manual and graded course of study 

to prescribe and furnish blanks for taking enumeration 

to countersign State certificates 

to prescribe form of registers 

to fix place of holding institutes 

to employ institute instructors 

to prescribe graded course of institute work 

to (haw warrant upon Auditor for county superintendents' 

salary 

to ascertain amounts of general school fund by countlet 
salary of ; how paid 



5 


2 


74 


63 


74: 


. 63 


35 


28a 


36 




17 


11 


26 


19 


41 


20a 


42 


30 




30 


43 


30 


4.". 


30 


55 






61 


74 


63 



140 



IXDEX 



Page. Sec. 

office of, to be kept at seat of government . . 75 64 

to sign requisitions on Auditor 75 04 

to have supervision of county superintendents 75 65 

to prescribe and prepare all forms and blanks 75 65 

to publish and distribute school laws 75 65- 

to correspond with educators and school officers 76 66 

to make report to the Governor 76 67 

a member of the beard of the school fund 76 69 

member of board of regents Bluefield Colored Institute 95 98 7 j 

member of board of regents of State Normal 84 87 

member of board of regents Montgomery Branch of W. Va. 

University 103 

member board of regents Keyser Branch W. Va. University. . . 106 

to prepare diplomas for the normal schools 85 88 

to notify county superintendents of failure of publishers.... 67 58a 



Opn. 



STATE TAX 

(See Taxation.) 



STUDENTS 

giving credit to, prohibited 88U- 98 

SUB-DISTRICTS 

change in 14 9 

appeal from decision of board regarding boundaries of 15 9 

TAX 

capitation, how appropriated 4 2 

capitation, exemption* from 4 2 

State, rate of ' 72 60 

school orders to be received in payment of 57 

TAXATION 

maximum rate of, by county 4 7 

power of legislature in 4 5 

TEACHERS 

schools must be provided with 15 10 

required to pass examination in certain branches 36,39 28a, 29 

form of contract between trustees and 115 

may be removed for what 20 13 

how to be paid 42 30 

to keep daily register 42 30 

to keep term register 42 30 

to make monthly reports to secretary of board 42 30 

to take enumeration of school youth 25 19 

charged with duty of msral training 45 32 

exempt from certain duties 25 19 

exempt from institute attendance, when 44 30 

to be examined in physiology and hygiene 18 11a 

are school officers 14 8 

substitutes for 35 28 

not to act as agents 64 57 

liable for using unauthorized text-books 71 58 

failing to attend institute not to be employed or examined. . . . 45 30 

colored, training of 88 96 

fine for violation of law by, when other penalty is not fixed. . 72 59 



111 



81 



70 
76 



82 

11 

63 

120 



Index 



141 



Page. Sec. Opn. 

penalty for failing to attend institute 44 30 82 

pay for attending institute 43 30 .... 

pay for attending district institute 61 53 .... 

to display flag 108 

TEACHERS CERTIFICATE 

( See Certificates.) 



TEACHERS CONTRACT 

form of, to be furnished by State Superintendent. 

with whom to be filed 

certain persons excluded from contracting 

TEACHERS FUND 

annual levy for 

maximum rate of levy for 

used only to pay teachers salary . 

board compelled to lay levy for 

special levy for. when to be made 



20 


13 




20 


13 




20 


13 


30 


50 


40 




50 


40 


100 


50 


40 


103 


50 


40 




50 


40 100,103 



TEACHERS' INSTITUTE 
(See Institute.) 



TERM, SCHOOL 

increase in length of 9 2 .... 

increase in. length of 10 2a 

minimum length of 50 40 100 

trustees may order to begin any month 52 41 .... 

TEXT BOOKS 

free, by board ©f education 71 58b .... 

provisions of county adoption law for 68 58 .... 

an optional text book 108 

teacher liable for using unauthorized 71 58 .... . 

TITLE 

to joint property 46 34 .... 

to lands donated 48 37a .... 

TRANSFER OF TUFILS 

can be made ; when 19 12 .... 

for what reason 19 . . 23-26 

TRUSTEES 

time in which to qualify . . 11 5a 5 

when appointed and length of term 11 4 

quorum of 23 16 

to be under supervision and control of board of education. ... 19 12 

action of, subject to revision by board, when 19 12 

removal of, from office, how 20 13 

vacancies in office, how filled ' 11 5 

have charge of school . 19 13 

may remove teacher for what 20 13 

cannot change teacher's salary as fixed 12 »i 

may exclude whom from school 19 13 

may suspend or expel pupils for what 20 13 

action of expulsion may be reviewed by board of education. . - 20 13 

may discontinue school, when 20 

to visit schools under their charge; when 21 14 .".1 

duties of. when visiting 21 14 82 



142 



Index 




to offer suggestions to teachers 

duty of, regarding school houses. . . . 

may sue in name of board of education 

may permit school houses to be used for what 

to furnish boards of education with estimate of improvements 

to keep account of all expenses incured by them 

may purchase what 

how bills contracted by, are to be paid 

to establish colored schools ; when 

to keep flags on schoolhouses 

to make report to secretary of board of education 

not to employ a teacher who has not attended institute 

to see that school houses are kept clean and fires made 

not to be interested in contracts 

may order schools to begin any month 

not to act as agents 



Page. 


Sec. 


Opn. 


21 


14 




22 


15 




22 


15 




22 


15 


33-3T 


22 


15 




23 


16 


38 


23 


16 


38 


23 


16 




24 


17 


39 


108 






26 


20 


42 


38 


30 


82 


45 


32 


85 



46 34 
52 41 



64 57 120 



TUITION 

tuition pupils 

rate of, to whom paid and how applied, 
of transfer pupils 



UNION SCHOOLS 

how established 

title to property of, how vested. 
colored 



UNIVERSITY, THE WEST VIRGINIA 

establishment and name of 

the board of regents of, duties 

graduation of students 

general regulations pertaining to 

.departments in, how established 

preparatory department of, may be established. 

cadets, how admitted to 

endowment fund of. how invested 



VACANCIES 

in office of trustee, how filled 

in board of education ; how filled 

in office of county superintendent, how filled 10, 62 



in board of examiners 

in State board of examiners 

in county school book board 

in board of regents of University 

in board of regents of Schools for Deaf and Blind. 

in board of directors of Reform School 

in office of president of board 



WEST VIRGINIA REFORM SCHOOL 

establishment and object of 

how inmates are admitted to. 

board of directors of . . .• 



WEST VIRGINIA COLORED INSTITUTE 

how and under what provisions established. 

name and location of 

board of regents of 

buildings and appropriations for 



16 10 . 




16 10 


19 


19 12 23-26 


46 34 


87 


46 34 . 




24 17 . 




'9 76,77 . 




79 78 . 




82 85 . 




80 80 . 




80 79 . 




81 81 . 




81 82 . 




82 86 . 




11 5 . 




11 5 


2 


02 53 


3 


32 27 . 




40 29a . 




65 58 . 




80 78 . 




90 98a . 




97 98c . 




10 


a 


97 98c . 




08 98c . 




97 98o .. 




93 98ft . 




95 98b . . 




95 98b . . 




97 98l» . . 





Index 143 

WEST VIRGINIA SCHOOLS FOR DEAF AND BLIND Page. Sec. Opn 

name of 89 98a 

board of regents of 89 98a 

duties of principal of 90 98a 

general regulations and provisions for 91-90 98a 

duties of county officers in respect to 93 98a 

WHEELING, CITY OF 

free schools of, not affected by general law 78 75 .... 

superintendent of. qualifications of . 78 75 141 

YEAR 

(See School Year.) 
(See also Calendar. ) 



Note. — Line 6 from the bottom page 20 should read : "month has been less than 
thirty-five per cent, of the" 



D '03 






i 



